Mixed Race America and the Law: A Reader Book

	Acknowledgments
	Introduction	1
Pt. I	Miscegenation, Intermarriage, and the Law
A	The History of the Anti-Miscegenation Laws	9
1	Representing Miscegenation Law	11
2	Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia	13
3	Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860s-1960s	28
4	Lynching, Federalism, and the Intersection of Race and Gender in the Progressive Era	31
5	Crossing the River of Blood between Us: Lynching, Violence, Beauty, and the Paradox of Feminist History	36
B	The Road to Loving v. Virginia and Its Impact	41
6	Perez v. Sharp	43
7	The Loving Case: Virginia's Anti-Miscegenation Statute in Historical Perspective	53
8	Crossing the Color Line: A Historical Assessment and Personal Narrative of Loving v. Virginia	56
9	Loving v. Virginia	60
10	How Are We Doing with Loving? Race, Law, and Intermarriage	64
C	Beyond Black and White	69
11	After Pocahontas: Indian Women and the Law, 1830-1934	71
12	A "Wicked and Mischievous Connection": The Origins of Indian-White Miscegenation Law	81
13	American Mestizo: Filipinos and Anti-Miscegenation Laws in California	86
Pt. II	Racial Identity	97
A	Legal Simplicity: The "One Drop" Rule	99
14	The Social Construction of Race: Some Observations of Illusion, Fabrication, and Choice	101
15	The Devil and the "One Drop" Rule	104
16	Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South	111
17	Telling the Difference: Nineteenth-Century Legal Narratives of Racial Taxonomy	116
B	Real Complexity	119
18	Life on the Color Line: The True Story of a White Boy Who Discovered He Was Black	121
19	Anti-Essentialism and Intersectionality: Tools to Dismantle the Master's House	123
20	Rodrigo's Twelfth Chronicle: The Problem of the Shanty	125
21	"What Are You?" Hapa-Girl and Multiracial Identity	127
C	Mestizaje and La Raza Cosmica	131
22	Latinos, Assimilation, and the Law: A Philosophical Perspective	133
23	Shifting Bottoms and Rotating Centers: Reflections on LatCrit III and the Black/White Paradigm	135
D	Indians, Intermarriage, and the Law of Indian Identity	137
24	Full Blood, Mixed Blood, Generic, and Ersatz: The Problem of Indian Identity	139
25	Administering Identity: The Determination of "Race" in Race-Conscious Law	141
26	Dependent Sovereigns: Indian Tribes, States, and the Federal Courts	144
Pt. III	"Passing"	153
27	Whiteness as Property	155
28	Racial Passing	157
29	How Race and Poverty Intersect to Prevent Integration: Destabilizing Race as a Vehicle to Integrate Neighbourhoods	169
30	Who's Afraid of Tiger Woods?	172
31	Identity Notes Part One: Playing in the Light	174
32	"Melting Pot" or "Ring of Fire"? Assimilation and the Mexican American Experience	176
33	Interrogating Identity	179
34	Who's Black, Who's White, and Who Cares: Reconceptualizing the United States' Definition of Race and Racial Classifications	181
Pt. IV	The Census	187
35	Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed Race People	191
36	Multicultural Empowerment: It's Not Just Black and White Anymore	197
37	The Real World	200
38	"Multiracial" Discourse: Racial Classifications in an Era of Color-Blind Jurisprudence	205
39	The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez	212
40	Color by Numbers: Race, Redistricting, and the 2000 Census	216
41	Los Confundidos: De-Conflating Latinos'/as' Race and Ethnicity	221
42	"A People Distinct from Others": Race and Identity in Federal Indian Law and the Hispanic Classification in OMB Directive No. 15	224
43	Native Intelligence: New Census Rules Affect All Persons of Pre-Columbian American Ancestry	228
Pt. V	Inheritance Rights	233
44	Gender, Black Feminism, and Black Political Economy	235
45	Finding Sojourner's Truth: Race, Gender, and the Institution of Property	237
46	The Private Law of Race and Sex: An Antebellum Perspective	243
47	Blackwomen, Sexual Myth, and Jurisprudence	254
48	DNA and the Slave-Descendant Nexus: A Theoretical Challenge to Traditional Notions of Heirship Jurisprudence	257
Pt. VI	Discrimination and "Colorism"	261
49	If It's Not Just Black and White Anymore, Why Does Darkness Cast a Longer Discriminatory Shadow Than Lightness? An Investigation and Analysis of the Color Hierarchy	263
50	Shades of Brown: The Law of Skin Color	268
51	Colorism: A Darker Shade of Pale	276
52	Who Is Black Enough for You? An Analysis of Northwestern University Law School's Struggle over Minority Faculty Hiring	283
53	Social and Legal Repercussions of Latinos' Colonized Mentality	287
54	Immigration and Latino Identity	290
Pt. VII	Affirmative Action: "Box Checking" and Advantage-Taking	297
55	Bi: Race, Sexual Orientation, Gender, and Disability	299
56	Trivializing Diversity: The Problem of Overinclusion in Affirmative Action Programs	302
57	Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed Race People	306
58	"A People Distinct from Others?": Race and Identity in Federal Indian Law and the Hispanic Classification in OMB Directive No. 15	308
59	What's an Indian? A Conversation about Law School Admissions, Indian Tribal Sovereignty, and Affirmative Action	312
60	Administering Identity: The Determination of "Race" in Race-Conscious Law	319
61	"Melting Pot" or "Ring of Fire"? Assimilation and the Mexican American Experience	326
Pt. VIII	Race, Child Custody, and Transracial Adoption	331
A	Child Custody	333
62	Palmore v. Sidoti	335
63	The Role of Race in Child Custody Decisions between Natural Parents over Biracial Children	338
64	Race, and Child Placement: The Best Interests Test and the Cost of Discretion	343
B	Transracial Adoption	351
65	Where Do Black Children Belong? The Politics of Race Matching in Adoption	353
66	The Transracial Adoption Controversy: An Analysis of Discourse and Subordination	364
67	In a World Not Their Own: The Adoption of Black Children	368
68	Bi: Race, Sexual Orientation, Gender, and Disability	375
69	Transracial and International Adoption: Mothers, Hierarchy, Race, and Feminist Legal Theory	378
C	The Indian Child Welfare Act	383
70	"The Past Never Vanishes": A Contextual Critique of the Existing Indian Family Doctrine	385
71	Pigs in Heaven: A Parable of Native American Adoption under the Indian Child Welfare Act	393
Pt. IX	The Immigration and Naturalization Laws	405
72	Naturalization of the Mixed-Blood: A Dictum	407
73	Racial Restrictions on Naturalization: The Recurring Intersection of Race and Gender in Immigration and Citizenship Law	411
74	Legacies of War: The United States' Obligation toward Amerasians	413
75	Gendered States: A Comparative Construction of Citizenship and Nation	424
Pt. X	Racial Mixture Outside the United States	433
76	Can Money Whiten? Exploring Race Practice in Colonial Venezuela and Its Implications for Contemporary Race Discourse	435
77	The Long, Lingering Shadow: Law, Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas	441
78	Chicano Indianism: A Historical Account of Racial Repression in the United States	447
79	Administering Identity: The Determination of "Race" in Race-Conscious Law	451
80	Race, Multiculturalism, and the Jurisprudence of Transformation	455
81	Challenges and Dilemmas of Racial and Ethnic Identity in American and Post-Apartheid South African Affirmative Action	458
Pt. XI	A Mixed Race Society: The End of Racism?	469
82	Unloving	471
83	Did the First Justice Harlan Have a Black Brother?	478
84	What's Loving Got to Do with It?	481
85	Unconvincing	484
86	Postethnic America: Beyond Multiculturalism	486
Pt. XII	Future Mixed Race Legal Studies	491
87	Multiracialism: A Bibliographic Essay and Critique	493
	Author Index	497
	Subject Index	499
	About the Editor	505