Mixed Race America and the Law: A ReaderFor 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. |
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Contents
| 5 | |
| 13 | |
| 36 | |
| 43 | |
| 53 | |
| 60 | |
Racial Identity | 97 |
The Devil and the One Drop Rule | 104 |
An Antebellum Perspective | 243 |
Blackwomen Sexual Myth and Jurisprudence | 254 |
Discrimination and Colorism | 261 |
Box Checking and AdvantageTaking | 297 |
Reconsidering Directive No 15 | 306 |
Indian Tribal Sovereignty and Affirmative Action | 312 |
The Determination of Race | 319 |
Race Child Custody and Transracial Adoption | 331 |
Trials of Racial Determination | 111 |
B Real Complexity | 119 |
The Problem of the Shanty | 125 |
Mestizaje and La Raza Cósmica | 131 |
Reflections on LatCrit III and the BlackWhite Paradigm | 135 |
Passing | 153 |
Randall Kennedy | 157 |
Whos Afraid of Tiger Woods? | 172 |
Interrogating Identity | 179 |
The Census | 187 |
The Real World | 200 |
Race and Identity | 224 |
Inheritance Rights | 233 |
B Transracial Adoption | 351 |
Race Sexual Orientation Gender and Disability | 375 |
The Indian Child Welfare Act | 383 |
The Immigration and Naturalization Laws | 405 |
A Comparative Construction | 424 |
Racial Mixture Outside the United States | 433 |
The Determination of Race | 451 |
The End of Racism? | 469 |
Unconvincing | 484 |
Future Mixed Race Legal Studies | 491 |
Author Index | 497 |
About the Editor | 505 |

