Mixed Race Studies

(Re)defining Race: Addressing the Consequences of the Law’s Failure to Define Race

Cardozo Law Review
Volume 38, Number 5 (June 2017)
pages 1817-1877

Destiny Peery, Associate Professor of Law; Associate Professor, Department of Psychology, Weinberg College of Arts and Sciences (Courtesy)
Northwestern University, Evanston, Illinois

Modern lawmakers and courts have consistently avoided discussing how to define race for legal purposes even in areas of law tasked regularly with making decisions that require them. This failure to define what race is in legal contexts specifically requiring such determinations, and in the law more broadly, creates problems for multiple actors in the legal system, from plaintiffs deciding whether to pursue claims of discrimination, lawyers deciding how to argue cases, and legal decision-makers deciding cases where race is not only relevant but often central to the legal question at hand. This Article considers the hesitance to engage with questions of racial definition in law. Drawing on findings from social psychology to demonstrate how race can be defined in multiple ways that may produce different categorizations, this Article argues that the lack of racial definition is problematic because it leaves a space for multiple definitions to operate below the surface, creating not only problematic parallels to a bad legal past but also producing inconsistency. The consequences of this continued ambiguity is illustrated through an ongoing dilemma in Title VII anti-discrimination law, where the courts struggle to interpret race, illustrating the general problems created by the law’s refusal to define race, demonstrating the negative impact on individuals seeking relief and the confusion created as different definitions of race are applied to similar cases, producing different outcomes in similar cases. This Article concludes that definitions of race should be intentionally, rationally selected by lawmakers and/or the courts, creating racial definitions that make sense in the context of the law or policy requiring the use of race, that are tied to the reasons for implicating race in the law, and that are informed by evidence about how racial perception and categorization processes operate.

Table of Contents

• INTRODUCTION
• I. THE COLORBLIND IDEAL AND RACIAL DEFINITIONS
  • A. Historical Colorblindness
  • B. Contemporary Colorblindness
  • C. Colorblindness in a Race-Conscious World
• II. LEGAL DEFINITIONS OF RACE
  • A. Historical Definitions
    • 1. Race Determination Cases
    • 2. Miscegenation Law
    • 3. Race Definition Statutes
  • B. Contemporary (Lack of) Definitions
    • 1. Refusals to Define
    • 2. Legacies of Definitions Past
• III. THE PROBLEM OF AMBIGUITY
  • A. Actual Versus Perceived Race, Ambiguous Plaintiffs, and Title VII
    • 1. Types of Misperceived Plaintiffs
    • 2. “Actual” vs. Perceived Race
  • B. Inconsistency and Confusion for the Courts
  • C. Determining Relevant Racial Definitions for Title VII
• IV. THE PSYCHOLOGY OF RACIAL CATEGORIES
  • A. Social-Cognitive Origins of Race
    • 1. Cognitive Development and Use of Race
    • 2. Social Cognition: Perceptual and Conceptual Processes
      • a. Perceptual Process: Responses to Stimulus Characteristics
      • b. Perceptual Process: Contextual Effects
      • c. Conceptual Process: Use of Racial Labels
      • d. Conceptual Process: Use of Stereotypes and Prejudice
      • e. Interaction of Perceptual and Conceptual Processes
• V. REDEFINING RACE: A NEW DEFINITIONAL FRAMEWORK
• CONCLUSION

Read the entire article here.

Meet Haley Pilgrim: Penn’s first black woman president of GAPSA

The Daily Pennsylvanian
2018-04-11

Naomi Elegant

Photo from Haley Pilgrim

Sociology Ph.D. candidate Haley Pilgrim was elected to be the president of the Graduate and Professional Student Assembly on April 4, marking the group’s first black female president in its 70-year history.

Pilgrim, who will take up the post on May 1, is the current co-president of the Black Graduate and Professional School Assembly and chair of the Inclusion, Diversity, Equity, Access and Leadership Council. Pilgrim is also the first IDEAL Council representative to be elected president of GAPSA.

Pilgrim said that “the most exciting thing” after winning the election was being able to celebrate with the BGAPSA community…

Read the entire article here.

The Multiracial Option: A Step in the White Direction

California Law Review
Volume 105, Issue 6 (2018)
pages 1853-1878
DOI: 10.15779/Z38H98ZD1S

Alynia Phillips

It is estimated that within fifty years, the white race will lose its stronghold as the majority racial group in the United States. In recent years, this prediction has induced anxiety in everyone from lay citizens to conservative politicians. But this prediction may not come to fruition if the definition of whiteness expands as needed. Parallel to this mounting racial anxiety runs a social movement aimed at promoting the classification of mixed race individuals as “multiracial.” Though on its face this classification appears harmless, the reliance on “multiracial” indicates an implicit deracialization of mixed race individuals, and a tacit devaluation of minority heritage. This Note argues that based on the history of racial classifications in the United States and existing motivations to maintain the white majority, the push for a multiracial category functions as a means by which mixed race individuals can join the ranks of whiteness. With mixed race individuals comprising the fastest growing population in the United States, their acceptance into the white race could secure the white majority for decades to come.

Contents

• Introduction
• I. Relevant Terminology Explained
• II. Unmasking the Players in Today’s Multiracial Movement
  • A.  White Mothers as Racial Ventriloquists
  • B.  Republicans as Multiracial Crusaders
• III. An Evolutionary History of White America
  • A.  Bacon’s Rebellion and the Invention of Whiteness
  • B.  Conceptual Frameworks for American Assimilation
  • C.  Subscribing to Superiority
• IV. Multiracial Exceptionalism and the “Other” Within
• Conclusion

Read the entire article here.

Transnational Perspectives on Black Germany

University of Toronto
Innis Town Hall
2 Sussex Avenue
Toronto, Ontario, M5S 1J5 Canada
2018-05-23 through 2018-05-25

Sponsors: Germanic Languages & Literatures, Cinema Studies Institute, Gender & Women’s Studies Institute, Centre for Transnational & Diaspora Studies, Comparative Literature, SSHRC, Centre for the United States, TIFF, DAAD, and Heinrich Böll Stiftung

The Black German Heritage and Research Association (BGHRA) is collaborating with the Department of Germanic Languages & Literatures and the Cinema Studies Institute at the University of Toronto in hosting the 3-day SSHRC-funded conference, “Transnational Perspectives on Black Germany” in Toronto, Ontario, on May 23-25, 2018. The event will feature keynote addresses by Fatima El-Tayeb and Noah Sow, a screening of “On Second Glance” (dir. Sheri Hagen, 2012) at TIFF’s Bell Lightbox with filmmaker in attendance, and a dance-music-word tribute to Afro-German poet and activist May Ayim by guest artists Layla Zami and Oxana Chi.

REGISTRATION OPEN UNTIL 4/21/2018

For more information, click here.

A Visit to the 2018 Critical Mixed Race Studies Conference

Pacific Citizen: The National Newspaper of the JACL
Los Angeles, California
2018-03-28

Rob Buscher, Contributor

Ken Tanabe, left, and Jeff Chiba Stearns lead the Community Caucus at CMRS. (Photo: Rob Buscher)

Leaders in the multiracial movement gather to ‘Resist, Reclaim, Reimagine’ – a direct call to action amidst the current political climate faced by historically underrepresented communities in the U.S.

Over the past few decades, the Japanese American community has become increasingly inclusive of multiracial and multiethnic individuals. However, for those of us who appear less phenotypically Japanese, it is sometimes difficult explaining our connection to people who are less familiar with interracial marriage and mixed-race children.

Multiracial Japanese Americans are in many ways the direct result of institutionalized racism that stigmatized Japanese-ness in the 20th century. From the Alien Land Laws to the mass incarceration during World War II, the very existence of our Japanese immigrant ancestors was deemed objectionable. Is it any wonder that so many of our parents and grandparents would choose intermarriage with partners from other ethnic and racial communities?

Yet, despite the growing prevalence of mixed-race Japanese Americans, there are many outside our community who do not acknowledge the legitimacy of our existence within the spectrum of Japanese American identity.

This is why it was so empowering to attend an event like the Critical Mixed Race Studies Conference, where nearly every one of the 200-plus participants were mixed race. While each individual has a totally different experience being mixed race (even within the same mixed community) the fact that multiracial folks were a super majority in this space meant that everyone had at least a basic understanding of the shared complexities surrounding our mixed identities.

Hosted at the University of Maryland on March 1-3, the 2018 conference’s theme was “Resist, Reclaim, Reimagine” — titled with a direct call to action amidst the current political climate faced by historically underrepresented communities in the United States…

Read the entire article here.

Interracial Intimacies Symposium

University of Chicago
5733 South University Avenue
Chicago, Illinois 60637
2018-04-18 through 2018-04-19

Please join us for a two-day symposium examining the history of interracial intimacies in comparative and transnational perspective. This symposium offers emerging and established scholars an opportunity to come together to discuss issues of interracial intimacies broadly construed.

Doris L. Garraway, Associate Professor of French at Northwestern University, and Sarah Kovner, Senior Research Scholar in the Arnold A. Saltzman Institute of War and Peace Studies at Columbia University, will be the keynote speakers.

For more information, click here.

Will Multiracial Kids End Racism? | Decoded | MTV

MTV
2018-01-31

Hosted by: Franchesca “Chescaleigh” Ramsey
Produced by: http://www.kornhaberbrown.com
Episode Written By: Zeba Blay
Directed by: Andrew Kornhaber
Make Up By: Delina Medhin
GFX By: Matthew Rainkin & Sarah Van Hoove
Editing By: Linda Huang

It’s been frequently suggested that in the near future, the massive increase in the number of multiracial children across America will help end racism. But is that actually true? Well no. And in today’s episode, we’re going to explain why ending racism is going to be quite a bit more complicated than making babies with someone of another racial background.

How to see race

Aeon
2018-03-26

Gregory Smithsimon, Professor of Sociology
Brooklyn College, City University of New York

Edited by Sally Davies

Mulberry Street, Little Italy, New York, c1900. Photo courtesy Library of Congress

Race is a shapeshifting adversary: what seems self-evident takes training to see, and twists under political pressure

We think we know what race is. When the United States Census Bureau says that the country will be majority non-white by 2044, that seems like a simple enough statement. But race has always been a weaselly thing.

Today my students, including Black and Latino students, regularly ask me why Asians (supposedly) ‘assimilate’ with whites more quickly than Blacks and Latinos. Strangely, in the 1920s, the US Supreme Court denied Asians citizenship on the basis that they could never assimilate; fast-forward to today, and Asian immigrants are held up as exemplars of assimilation. The fact that race is unyielding enough to shut out someone from the national community, yet malleable enough for my students to believe that it explains a group’s apparent assimilation, hints at what a shapeshifting adversary race is. Race is incredibly tenacious and unforgiving, a source of grave inequality and injustice. Yet over time, racial categories evolve and shift.

To really grasp race, we must accept a double paradox. The first one is a truism of antiracist educators: we can see race, but it’s not real. The second is stranger: race has real consequences, but we can’t see it with the naked eye. Race is a power relationship; racial categories are not about interesting cultural or physical differences, but about putting other people into groups in order to dominate, exploit and attack them. Fundamentally, race makes power visible by assigning it to physical bodies. The evidence of race right before our eyes is not a visual trace of a physical reality, but a by-product of social perceptions, in which we are trained to see certain features as salient or significant. Race does not exist as a matter of biological fact, but only as a consequence of a process of racialisation…

Read the entire article here.

Politics beyond Black and White: Biracial Identity and Attitudes in America

Cambridge University Press
2018-03-29
251 pages
Online ISBN: 978-1108694605
Hardcover ISBN: 978-1108425988
Paperback ISBN: 978-1108444330
DOI: 10.1017/9781108694605

Lauren D. Davenport, Assistant Professor of Political Science
Stanford University, California

The US is transforming into a multiracial society: today one-in-six new marriages are interracial and the multiple-race population is the fastest-growing youth group in the country. In Politics Beyond Black and White, Lauren D. Davenport examines the ascendance of multiracial identities and their implications for American society and the political landscape. Amassing unprecedented evidence, this book systematically investigates how race is constructed and how it influences political behavior. Professor Davenport shows that biracials’ identities are the product of family, interpersonal interactions, environment, and, most compellingly, gender stereotypes and social class. These identities, in turn, shape attitudes across a range of political issues, from affirmative action to same-sex marriage, and multiracial identifiers are shown to be culturally and politically progressive. But the book also reveals lingering prejudices against race-mixing, and that intermarriage and identification are highly correlated with economic prosperity. Overall findings suggest that multiracialism is poised to dismantle some racial boundaries, while reinforcing others.

National Geographic acknowledges its racist past, then steps on its message with a cover photo

The Washington Post
2018-03-16

Victor Ray, Assistant Professor of Sociology
University of Tennessee. Knoxville

National Geographic has long offered a kind of pop-cultural imperialist anthropology that centers the white gaze and exoticizes people of color. The current issue of the magazine makes a brave attempt to deal with that messy history around race and racism.

To get an outsider’s view of its coverage of race, National Geographic hired the University of Virginia history professor John Edwin Mason, who studies the history of photography and African history. Mason found that the magazine was often on the wrong side of racial history. For instance, it glossed over the historical significance of the brutal 1960 Sharpeville Massacre, in which white South African police killed 69 unarmed peaceful protesters.

National Geographic’s editors rarely questioned the colonial legacy and power relations that allowed its photographers and writers to shape a global conversation on race and difference that was too accommodating to white supremacy. I was happy to see the magazine take up the laudable goal of addressing its racial history. Many mainstream publications, were they to examine their own history surrounding coverage of race and the protection of white supremacy, would probably not fare much better than National Geographic.

Unfortunately, the cover story for this issue traffics in the very racial cliches the magazine’s editor says National Geographic was guilty of in the past. The cover photo depicts 11-year-old mixed-race twin girls, with the tabloid-esque framing that one is black, the other white. And the headline makes the grand claim that the girls’ story will “make us rethink everything we know about race.”…

Read the entire article here.