Mixed Race America And The Law

This ground-breaking anthology examines the mixed race experience and the impact of law on mixed race citizens in America.

For the first time in United States history, the Year 2000 census allowed people to check more than one box to identify their race. This new way of gathering data and characterizing race and ethnicity reflects important changes in how racial identity is understood in America. Besides acknowledging the presence of mixed race citizens, this new understanding promises to have major implications for American law and policy. With this anthology, Kevin R. Johnson brings together ground-breaking scholarship on the mixed race experience in America to examine the impact of law on these citizens. The foundational essays that comprise the collection present the historical, social, and political contexts surrounding the body of law that addresses race while analyzing the implications of multiracialism. Divided into 12 sections, the reader includes an introduction by Johnson and essential essays by contributors such as Garrett Epps, Judith Resnick, Richard Delgado, Ian Haney-López, Randall Kennedy, and Patricia Hill Collins. Selections address miscegenation, racial classification, interracial adoption, the 2000 census, “passing,” and other topics; each section includes questions to promote further discussion. This book is an invaluable resource for examining the complexities of racial categories in modern America.

In the first philosophical challenge to accepted racial classifications in the United States, Naomi Zack uses philosophical methods to criticize their logic. Tracing social and historical problems related to racial identity, she discusses why race is a matter of such importance in America and examines the treatment of mixed race in law, society, and literature. Zack argues that black and white designations are themselves racist because the concept of race does not have an adequate scientific foundation. The "one drop" rule, originally a rationalization for slavery, persists today even though there have never been "pure" races and most American blacks have "white" genes. Exploring the existential problems of mixed race identity, she points out how the bi-racial system in this country generates a special racial alienation for many Americans. Ironically suggesting that we include "gray" in our racial vocabulary, Zack concludes that any racial identity is an expression of bad faith. Author note: Naomi Zack is Assistant Professor in the Department of Philosophy at the State University of New York at Albany. She herself is of mixed race: Jewish, African American, and Native American.

This book investigates the social and political implications of the US multiracial population, which has surged in recent decades.

Despite rhetoric that suggests that the United States opens its doors to virtually anyone who wants to come here, immigration has been restricted since the nation began. In this book, Kevin R. Johnson argues that immigration policy reflects the social hierarchy that prevails in American society as a whole and that immigration reform is intertwined with the struggle for civil rights.The "Huddled Masses" Myth focuses on the exclusion of people of color, gays and lesbians, people with disabilities, the poor, political dissidents, and other disfavored groups, showing how bias shapes the law. In the nineteenth century, for example, virulent anti-Asian bias excluded would-be immigrants from China and severely restricted those from Japan. In our own time, people fleeing persecution and poverty in Haiti generally have been treated much differently from those fleeing Cuba. Johnson further argues that although domestic minorities (whether citizens or lawful immigrants) enjoy legal protections and might even be courted by politicians, they are regarded as subordinate groups and suffer discrimination. This book has particular resonance today as the public debates the uncertain status of immigrants from Arab countries and of the Muslim faith.

Mixed Race Amnesia is an ambitious and critical look at how multiraciality is experienced in the global north. Drawing on a series of interviews, acclaimed geographer Minelle Mahtani explores some of the assumptions and attitudes people have around multiraciality. She discovers that, in Canada at least, people of mixed race are often romanticized as being the embodiment of a post-racial future – an ideal that is supported by government policy and often internalized by people of mixed race. As Mahtani reveals, this superficial celebration of multiraciality is often done without any acknowledgment of the freight and legacy of historical racisms. Consequently, a strategic and collective amnesia is taking place – one where complex diasporic and family histories are being lost while colonial legacies are being reinforced. Mahtani argues that in response, a new anti-colonial approach to multiraciality is needed, and she equips her readers with the analytical tools to do this.

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Annotation. This analysis of the nearly 300 appealed court cases that decided the "race" of individual Americans may be the most thorough study of the legal history of the U.S. color line yet published.