Mixed Race America and the Law: A Reader

Front Cover
Kevin R. Johnson
NYU Press, 2003 - Law - 505 pages

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.

 

Contents

Miscegenation Intermarriage and the Law
5
Racial Purity and Interracial Sex in the
13
Crossing the River of Blood between
36
Perez v Sharp
43
Virginias AntiMiscegenation Statute
53
Loving v Virginia
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
Copyright

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About the author (2003)

Kevin R. Johnson is Mabie-Apallas Professor of Public Interest Law and Chicano/a Studies at the University of California Davis. His books include Mixed Race America and the Law: A Reader (NYU Press, 2002) and The “Huddled Masses” Myth: Immigration and Civil Rights.

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