Thursday, December 14, 2017

Articles

Race, Racism And The Law

Race, Racism And The Law considers race, racism and racial distinctions in the law. It examines the role of domestic and international law in promoting and/or alleviating racism.

Review of Bell's Book

  Harold A. Mcdougall

excerpted from: Practitioners: Race, Racism and American Law (4th Ed.) By Derrick A. Bell, Jr, 46 Howard Law Journal 1-48, 31-44 (Fall 2002) (192 Footnotes)

Here again, Bell's book is very useful to a person who is training practitioners. The book is a virtual encyclopedia of all the ways in which the struggle against racism in the United States has failed. The most cogent analyses, of course, are provided in the arena of civil rights litigation.

Read more: Review of Bell's Book

Signs of Racism

Rajiv Kapur

Copyright 1999. Rajiv Kapur. All Rights Reserved
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I was born in Bombay, India in 1962 but my family moved to Northern Ireland when I was four years old. I was brought up in N. Ireland (part of the United Kingdom). This short piece on the signs of racism reflects a lifetime experiencing the kind of "hidden" or "subtle" racism which the British have pioneered (in the same way as they pioneered the transatlantic slave trade carried out by European nations in the 17th and 18th centuries and imperialism in the late 19th century to the end of the second world war). As societies become ever more multi-racial and members of minority groups reach positions of power and influence, subtle racism will be the predominant form in all countries in the 21stcentury. It is a hugely more pernicious and dangerous form than the more explicit varieties because of a fundamental truth - the spirit of a person can only be diminished by loss, bereavement or defeat, in the long run the human spirit will always rise up and triumph in the face of overt oppression because no one can respect his oppressor.

Read more: Signs of Racism

What is Race?

Ian F. Haney Lopez

Ian F. Haney Lopez, The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice, 29 Harvard Civil Rights-Civil Liberties Law Review 1-62, 6-7, 11-17 (Winter, 1994)

 


 

What is Race? When some people use the "race" they attach a biological meaning, still others use "race" as a socially constructed concept. It is clear that even though race does not have a biological meaning, it does have a social meaning which has been legally constructed.

Biological Construction

By . . ."biological race," I mean the view of race espoused by Judge Tucker, and still popular today, that there exist natural, physical divisions among humans that are hereditary, reflected in morphology, and roughly but correctly captured by terms like Black, White, and Asian (or Negroid, Caucasoid, and Mongoloid). Under this view, one's ancestors and epidermis ineluctably determine membership in a genetically defined racial group. The connection between human physiognomy and racial status is concrete; in Judge Tucker's words, every individual's race has been "stampt" by nature. . . .[D]espite the prevalent belief in biological races, overwhelming evidence proves that race is not biological. Biological races like Negroid and Caucasoid simply do not exist. [A]. . . newly popular [argument] among several scholars, [is] that races are wholly illusory, whether as a biological or social concept. Under this thinking, if there is no natural link between faces and races, then no connection exists.

Read more: What is Race?

Contsruction of Race in Supreme Court Decisions

  Rogers M. Smith

excerpted from: Constructions of Race in Modern Supreme Court Decisions, 5 University of Pennsylvania Journal of Constitutional Law 709- 733 , 709-710 (May, 2003) (83 Footnotes Omitted)

This essay examines one dimension of a quite broad-ranging topic: how modern American law is explicitly and implicitly constructing the racial identities of contemporary American citizens. I focus on two contrasting conceptions of "white" and "black" racial identity visible in decisions of the United States Supreme Court during the post-Jim Crow era. I term these the "damaged race" and the "racial irrelevance" views (though the latter is more customarily referred to as "color-blind" constitutionalism). I argue that both these conceptions are flawed, because both can easily be understood to imply that whites today are as a group superior to blacks in America, and belief in such superiority can in turn support policies and practices that continue to privilege white interests.

Read more: Contsruction of Race in Supreme Court Decisions

Subcategories

Race and Racial Groups
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68
What is Race?
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14
Defining Racial Groups
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52
American Indian and Inuits
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8
Hispanic/Latino Americans
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8
White (European) American
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16
Biracial and Multiracial
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0
Other Racial Groups
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1
Stereotype, Bias, Racism
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47
Defining Racism
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23
Colorblind Racism
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2
Citizenship Rights
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206
Slavery to Reparations
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83
Transatlantic Slave Trade
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1
Slavery
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23
Laws related to Slavery
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9
Articles related to Slavery
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14
Civil War and Reconstruction
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10
13th Amendment
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5
Legal Apartheid (Jim Crow)
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6
Civil Rights Era
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3
Racial reentrenchment
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7
Reparations
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32
Language and English Only
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4
Puerto Rican Citizenship
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2
Civil Rights
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21
Voting Rights
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16
Uncategorized Articles
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3
Law and Justice
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268
Law and Justice
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19
Presidential Powers
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2
Civil Justice and Racism
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4
Law, Policies and Race
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8
Practice of Law
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11
Law and Justice, Other
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4
Indian Law
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3
Basic Needs
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281
Affirmative Action
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38
Education and Race
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41
Education: K - 12
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18
Education: Legal Education
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12
Education: Professional
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0
Education: Other
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4
Economic Issues
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34
Employment Issues
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16
Environmental Racism
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5
Family and Adoption
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17
Health and Health Care
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85
Health Status
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11
Men -- Health Status
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0
Women -- Health Status
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1
Elderly -- Health Status
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2
Other -- Health Status
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0
Organization/Financing
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8
Indian Health Services
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0
Indian Health Services
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0
Military Health Services
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0
Managed Care
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1
Other-Organization
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4
Long-term Care
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1
Access to Health Care
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29
Organ Transplantation
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0
Racial Discrimination
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0
Mental Health Care
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3
Other--Access
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5
Quality of Health Care
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7
Cultural Competent Care
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3
Other - Quality
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1
Racial Discrimination
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2
Health Care Research
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4
Bioethical Issues
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7
Bioethics Generally
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3
Reproductive Issues
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3
Genetics
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1
Health and Human Rights
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1
International Issues
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0
Poverty and Welfare
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9
Property, Housing and Land
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13
Public Facilities
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1
Sex and Marriage
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7
Basic Needs, Other
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2
Food and Water
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1
Intersectionality
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32
Age
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0
Gender
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26
Language/Culture
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0
Religion
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2
Sexual Orientation
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2
Socio-Economic Class
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0
Other Intersectionality
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2
Miscellaneous
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0
Racism and Human Rights - Worldwide
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79
GeoRegions
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54
Africa
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24
Africa, Generally
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12
South Africa
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6
Sudan
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1
Ghana
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1
Rwanda
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1
Sierra Leone
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1
Niger
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1
Nambia
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1
Asia
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4
Australia
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3
Europe
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3
Britian
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1
North America
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18
North America, Generally
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0
Canadia
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1
Mexico
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3
Caribbean Islands
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0
Cuba
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0
South America
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1
Antarctica
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0
Central America
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0
Global Issues
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0
Oppressed Groups
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16
African Descendants
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13
Palestinians
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0
Dalits
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0
Indigenous Peoples
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3
War on Terrorism
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1
International Human Rights
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8
World Conference Against Racism
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0
Durban (WCAR2001)
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WCAR, Other
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International Conventions
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2
ICERD
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1
Other, Conventions
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1
Laws
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Constitution
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Statutes
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Regulations
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Cases
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