Showing posts with label Henry Louis Gates. Show all posts
Showing posts with label Henry Louis Gates. Show all posts

Race in America: Moments and Years

Part 2 of a Series
Going Viral on Race
The disputes over the facts surrounding events following Professor Gates’ presentation of his identification raise serious issues about individual civil liberties, class divides, and community policing. But what caused the incident, and the larger issues that resonated from it, to “go viral” is the continuing significance of race.
I was at a conference when I heard about the Gates-Crowley incident. The incident was topic #1 with almost every Black cabdriver, law professor, waiter, hotel receptionist, and housekeeper with whom I spoke.
Why? Isn’t national health reform much more important, especially to African-Americans and other people of color, who suffer from shocking racial and ethnic disparities in health care and health outcomes? (See, for example, the website of the National Black Women’s Health Imperative, a Fact Sheet by the Agency for Healthcare Research and Quality and an investigative study by Physicians for Human Rights.)
Such crucial concerns that will affect the lives of millions are more important than a single incident on a quiet Cambridge street, of course. But the broader conversation on race relations in America remains relevant to the progress of the entire country on civil, political, economic, social, and cultural levels.

Observations from a Teachable Moment?
So, what, if any, were the lessons, specific, and general, that could be drawn if the reaction to the Gates arrest, indeed, was a teachable moment? There are many, including those about the state of civil liberties, the unreliability of eyewitness testimony as a sole means of determining facts, class conflict, gender dimensions, security, and community policing.
But I highlight here a few observations. “Lessons” are much more difficult to distill, so I’ll leave those to the bibliographic resources listed in a separate post.

Observation #1. To Repeat, “A Post-Racial America?: Not Yet”
As I’ve previously noted in our IntLawGrrls series on CERD and Race in the U.S.,
the United States of America is not a post-racial society. Racial equality takes more than the election of an African-American president, the rise of African-Americans to powerful foreign policy positions, and the appointment of a few African-American CEOs. The presence of influential distinguished professors at Ivy-League institutions do not a new world make.
The reasons for the pervasive and particularly vehement reactions to the Gates-Crowley matter are complex. See, for example, an incisive opinion piece by Professor Sherrilyn Iffill of the University of Maryland School of Law (pictured right), noting the role celebrity played and calling for equally high-profile and serious attention to problems of police brutality, racial profiling, over-incarceration, and other issues devastating many African-American poor communities.)
Commentators such as Eugene Robinson of the Washington Post and journalist Helene Cooper of the New York Times also observed that class mobility is no cure for the American racial divide. African-American “elites” (economic or educational) may still face aspects of the color line not shared by similarly privileged non-minorities.
So the Gates-Crowley incident turned out to be much more than an interesting summer diversion. It touched the raw nerve of race/ethnicity discrimination in America at a moment when some had convinced themselves that U.S. racial conflict was over.

Observation #2. Silence is not golden.
For others, this moment was one in which silences about race were being broken at a high-profile level.
As U.S. Attorney-General Eric Holder urged in a Black History Month speech, the legacies and contemporary implications of race in the United States will be addressed effectively only if they are discussed forthrightly.
Despite the widespread recent furor, one can also detect evidence of another familiar, and troubling, phenomena—that of cross-racial silence. This reaction is common to many of us.
High-profile incidents sometimes create an opportunity to talk about these issues. But it is telling when we cannot even talk across racial divides about the broader, more pervasive social impact of race on the entire society. Those water-cooler, telephone, e-mail, religious institution, and bar-room debates are often highly-segregated.

Observation #3. Saying that an incident is about class, personality, civil liberties, security, and gender, does not mean it is not also “about race”. Race is a multidimensional social construct that includes other identities such as gender, class, sexual orientation, and disability. African-Americans and other minorities, can be found in all social and economic classes, genders, religious faiths, and jobs (including police officers and professors). Racial identity, discrimination, stereotyping, and profiling occur in the context of such complex dimensions. Town vs. gown conflicts exist in every college town in the country perhaps. But that does not mean they do not also take on a special character when racial differences are also involved.

Observation #4. Defining the R-words?
The biggest problem remains a racial divide in perception.
Words are important. Key words and phrases--“racial discrimination,” “racism” and “racist”--seem oddly to themselves be misunderstood in contemporary U.S. discourse.
Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination defines “racial discrimination” as follows:
"racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The Big Things; The Little Things…
In addition to the most virulent and violent forms of racial hatred (that still exist today), racial minorities also experience forms of racial discrimination that do not leave physical marks on the surface.
African-Americans and other ethnic and religious minorities also experience racism in daily “micro-aggressions” about which sociologists, legal analysts, and psychologists have written. It exists in the daily grind of parents of color struggling to make sure their children are not passed over or buried in low-achievement tracks because they are assumed to be less intelligent. It is in the daily cliché of “driving while Black” and racial profiling about which almost every Black male commentator spoke recently (including former U.S. Secretary of State Colin Powell).
It happens to women of color and children as well as men. It happens in elite and middle-class venues. (For an interesting conversation among African-Americans on the broader context of the Gates-Crowley incident, see the 30 July 2009 broadcast of Basic Black, a Boston public affairs show.)
For wealthy and middle-class African-Americans, such micro-aggressions can be a relatively minor daily fact of life, but can add up to increased levels of stress and related health consequences.
But, as has been pointed out by commentators from left, right, and center, it is the African-American poor and working-class who suffer by far the most severe effects of racial profiling, racial stereotyping, and racial socio-economic disparities in the U.S.

Teachable Years…
So, it will take more than even highly symbolic moments like the election of an African-American president, images of a remarkable First Family (above left), more and more African-American “firsts” or “seconds” (judges, professors, executives, physicians, surgeons-general, orchestra directors, and astronauts) to further racial justice in the United States.
It also takes thoughtful and sustained analysis, organized (and not so organized) activism and advocacy, in-depth and sustained coverage by new and old media and cross-cultural conversations in classrooms, courtrooms, and living-rooms. (Listen to a set of radio narratives on various forms of stereotyping in “Got You Pegged,” an episode of This American Life broadcast 31 July 2009 here).
(See the post below for an eclectic resource list on race in the United States.)

Race and Law in U.S. and International Perspective: A Selected Bibliography

Despite the intense recent scrutiny on African-Americans and U.S. race relations sparked by Professor Henry Louis Gates, Jr.’s arrest by Cambridge Police Sgt. James Crowley (see post above), there is a long history of academic analysis on U.S. race relations and the law.
Recently, I asked colleagues on an academic list-serv with expertise on these issues to suggest readings on race in America in general, on the criminal justice system in particular, and U.S. race relations in international perspective.
We could have filled several libraries and institutes with the responses to such a request of course. For example, I name below just a few research centers of which I am aware and knowing that there are many others I’ve omitted:
►the Arthur R. Ashe Foreign Policy Library (TransAfrica Forum);
►the W.E.B. DuBois Institute for African & African-American Research (Harvard University);
►the Charles Hamilton Houston Institute for Race and Justice (Harvard Law School);
►the Civil Rights and Restorative Justice Project (Northeastern University School of Law)
►the Institute on Race and Justice (Northeastern University);

►the Fred T. Korematsu Center for Law and Equality (Seattle University School of Law);
►the Moorland-Spingarn Research Center (Howard University);
►and the Arthur C. Schomburg Center for Research in Black Culture (New York Public Library).

Thanks to colleagues on that list-serv for their suggestions and past discussions. With no claim to comprehensiveness, here’s an eclectic sample from their offerings and from my own quick research. The resources below are primarily law-related and reflect a range of political and methodological perspectives. I encourage readers to add their own race and law-related resources in the comments section.

Race, Racism, and U.S. Law
Guide to Internet Resources on Race, Racism, and American Law (University of California at Hastings)
Derrick A. Bell, Race, Racism & American Law (Aspen, 6th ed., 2008)
Mary Frances Berry, My Face is Black, Is True: Callie House and the Struggle for Ex-Slave Reparations (Vintage, 2006)
Eduardo Bonilla-Silva, Racism Without Racists: Color-Blind Racism and the Persistence of Racial Inequality in the United States (Rowman & Littlefield, 2nd ed., 2006)
Gloria J. Browne-Marshall, Race, Law, and American Society: 1607 to Present (Routledge, 2007)
Robert S. Chang, Disoriented: Asian Americans, Law, and the Nation-State (NYU
Press, 1999)
Robert S. Chang, Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics. Asian Law Journal, 2002
Kimberlé Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., Critical Race Theory: The Key Writings that Formed the Movement (New Press, 1996; 2001)
Richard Delgado & Jean Stefancic, Critical Race Theory: An Introduction (New York University Press, 2001)
Richard Delgado & Jean Stefancic, eds., Critical Race Theory : the Cutting Edge (Temple University Press, 2nd ed., 2000)
Richard Delgado, Juan F. Perea, & Jean Stefancic, eds., Latinos and the Law: Cases and Materials (West, 2008)
Yen Le Espiritu, Asian American Women and Men: Labor, Laws, and Love (The Gender Lens) (Rowman & Littlefield, 2nd ed., 2007)
Annette Gordon-Reed, Race on Trial: Law and Justice in American History (Oxford University Press, 2002)
Cheryl I. Harris, Whiteness as Property. Harvard Law Review, Vol. 106, No. 8, p. 1707, 1993
A. Leon Higginbotham, In the Matter of Color: Race and the American Legal Process (Oxford University Press, 1980)
Emma Coleman Jordan & Angela Harris, Economic Justice: Race, Gender, Identity, and Economics (Foundation Press, 2005)
Ira Katznelson, When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America (W.W. Norton, 2006)
Ian Haney Lopez, Race, Law, and Society (Ashgate Publishing, 2006)
Ian Haney Lopez, White by Law 10th Anniversary Edition: The Legal Construction of Race
Rhonda V. Magee,The Third Reconstruction: An Alternative to Race Consciousness and Colorblindness in Post-Slavery America. Alabama Law Review, Vol. 54, No. 2, 2003
George A. Martinez, Kevin R. Johnson, and Timothy Davis, eds., A Reader on Race, Civil Rights, and American Law: A Multiracial Approach (Carolina Academic Press, 2001)
Rachel Moran & Devon W. Carbado, eds., Race Law Stories (Foundation Press, 2008)
Michael Omi, Racial Formation in the United States: From the 1960s to the 1990s (Routledge, 2nd ed. 1994)
Juan F. Perea, Richard Delgado, Angela P. Harris, Jean Stefancic, Stephanie M. Wildman, Race and Races, Cases and Resources for a Diverse America (Thomson West / Foundation Press, 2nd ed., 2007)


Race and the U.S. Criminal Justice System
Ian Ayres & Jonathan Borowsky, A Study of Racially Disparate Outcomes in the Los Angeles Police Department (American Civil Liberties Union of Southern California, October 2008)
Mary Frances Berry, The Pig Farmer's Daughter and Other Tales of American Justice: Episodes of Racism and Sexism in the Courts from 1865 to the Present (Vintage, 2000)
Paul Butler, Let’s Get Free: A Hip-Hop Theory of Justice (New Press, 2009)
Center for Constitutional Rights, Racial Disparity in NYPD Stops-and-Frisks: Preliminary Report on UF-250 Data from 2005 through June 2008
Frank Rudy Cooper, “Who's the Man?”: Masculinities and Police Stops (August 25, 2008). Suffolk University Law School Research Paper No. 08-23

M. Katherine B. Darmer, Teaching Whren to White Kids: Why a 'Color-Blind' Approach to Law School Admissions and Hiring Impoverishes Legal Education, Michigan Journal of Race and the Law, Vol. 15, No. 1, 2009
Angela J. Davis, Arbitrary Justice: The Power of the American Prosecutor (Oxford University Press, 2009)
Richard Thompson Ford, The Race Card: How Bluffing About Race Makes Race Relations Worse (pbk. ed., Picador, 2009)
Andrew Gelman, Jeffrey Fagan, Alex Kiss, An Analysis of the NYPD’s Stop and Frisk Policy in the Context of Claims of Racial Bias (Columbia University, Dec. 14, 2005)
David A. Harris, Profiles in Injustice: Why Racial Profiling Cannot Work (W.W. Norton, 2003)
David A. Harris, Good Cops: The Case for Preventive Policing (New Press, 2005)
Sherrilyn A. Ifill, On the Courthouse Lawn: Confronting the Legacy of Lynching in the Twenty-first Century (Beacon Press, 2007)
Paula Johnson, Joyce A. Logan, and Angela J. Davis, eds., Inner Lives: Voices of African American Women In Prison (NYU Press, 2004)
Randall Kennedy, Race, Crime, and the Law (Vintage, 1998)
Ian Haney Lopez, Post-Racial Racism: Crime Control and Racial Stratification in the Age of Obama, (forthcoming; draft available on SSRN)
Glenn C. Loury, Race, Incarceration, and American Values (Boston Review Books, 2008)
Charles J. Ogletree, Jr., & Austin Sarat, From Lynch Mobs to the Killing State: Race and the Death Penalty in America (NYU Press, 2006)
Greg Ridgeway, Analysis of Racial Disparities in the New York Police Department's Stop, Question, and Frisk Practices (RAND Corporation, 2008)
Katheryn Russell-Brown, The Color of Crime: Racial Hoaxes, White Fear, Black Protectionism, Police Harassment, and Other Macroaggressions (NYU Press, 2nd ed., 2008)
Symposium: New Approaches to Ensuring the Legitimacy of Police Conduct, St. Louis University Public Law Review, Vol. 22 (2003)
Leland Ware, Prohibiting Racial Profiling: The ACLU’s Orchestration of the Missouri Legislation, St. Louis University Public Law Review, Vol. 22, p. 59 (2003).


U.S. Race Relations in International Law and Foreign Policy Perspective
Carol Anderson, Eyes Off the Prize: the United Nations and the African American Struggle for Human Rights, 1944-1955 (Cambridge University Press, 2003)
Anne-Marie Mooney Cotter, Race Matters: An International Legal Analysis of Race Discrimination (Ashgate, 2006)
Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (pbk. ed., Princeton University Press, 2002)
Ruth Gordon, Foreword: Critical Race Theory and International Law: Convergence and Divergence, Villanova Law Review, Vol. 45, no. 5 (2000)
Michael L. Krenn, The Color of Empire: Race and American Foreign Relations (Potomac Books, 2006)
Paul Gordon Lauren, Power and Prejudice: The Politics of Diplomacy and Racial Discrimination, (2nd ed., Westview Press, 1996)
Hope Lewis, Reflections on “Blackcrit Theory”: Human Rights. Villanova Law Review, Vol. 45, No. 5, p. 1075 (2000).
Hope Lewis, Lionheart Gals Facing the Dragon: The Human Rights of Inter/National Black Women in the United States. Oregon Law Review, Vol. 76, p. 567 (1997)
Gay J McDougall, The work of the UN minority issues expert, IntLawGrrls (2009)
(See IntLawGrrls posts on Gay J. McDougall, UN Independent Expert on Minority Groups, here.)
Brenda Gayle Plummer, Rising Wind: Black Americans and U.S. Foreign Affairs, 1935-1960 (University of North Carolina Press, 1996)
Henry J. Richardson, Dr. Martin Luther King, Jr. as an International Human Rights Leader. Villanova Law Review, Vol. 52, p. 471, 2007.
Henry J. Richardson, The Origins of African-American Interests in International Law (Carolina Academic Press, 2008)
Randall Robinson, The Debt: What America Owes to Blacks (Plume, 2001)
Symposium: Critical Race Theory and International Law: Convergence and Divergence, Villanova Law Review Vol. 45, no. 5 (2000)
Adrien K. Wing, ed., Global Critical Race Feminism: An International Reader (NYU Press, 2000)
Jeanne M. Woods & Hope Lewis, Human Rights and the Global Marketplace: Economic, Social, and Cultural Dimensions (Transnational, 2005).

Race in America: Moments and Years (I)

Part I of a Series.
It’s been quite the summer for teachable moments on race and ethnicity in the USA:
Michael Jackson’s death touched off an over-the-top worldwide media and popular frenzy; discussions about whether he transcended race given his cross-racial popularity; numerous commentaries on the racial dimensions of his deeply troubling physical and emotional transformations (see a Patricia J. Williams essay on the subject here); surveys of this African-American’s artistic genius and life-long contributions to global music, dance, and popular culture. And, for a moment, there was stunned silence and sympathy at hearing the voice of a little girl who, after all was said and done, had lost her father.
The nomination of Judge Sonia Sotomayor as the first Latina, and only the third woman, to be appointed to the U.S. Supreme Court, stimulated widespread professional pride. She is an accomplished lawyer and judge who seemed to have forgotten neither her working-class community, culture, and family, nor the antidiscrimination laws and policies that made it possible for her hard work to be recognized. That celebratory moment was to be followed by a trumped-up political “debate” about experience, empathy, and the roles identity plays in judicial decisionmaking; (see IntLawGrrls posts on the confirmation process here.)
►And finally, the grandmother of them all (so far)--the arrest and detention of Henry Louis (“Skip”) Gates, Jr., Alphonse Fletcher Distinguished University Professor
and Director of the W.E.B. DuBois Institute for African & African-American Research at Harvard University.
Gates was arrested for disorderly conduct on 16 July at his home by Cambridge Police Sergeant James Crowley (a charge that was wisely dropped a few days later).
Just the Facts, Ma’am
During the past two weeks there’s been enough media coverage, debate over what happened and follow-up analysis to merit whole webpages dedicated to the subject. See, for example, this compilation site at Boston.com. The page includes links to the following:
►the emergency call to police made by a passerby on her lunch-break when another woman alerted her to two men forcing the jammed door of Gates’ home;
►the radio communications among Sergeant Crowley, central dispatch, and other officers;
►the Cambridge Police Department arrest report;
►and the Joint Statement issued by the Cambridge Police Department, the City of Cambridge, and Professor Gates when the disorderly conduct charge was dismissed days later.
That’s Funny…
When a friend called me about the news, it seemed, at first, like some sort of cruel, ironic punch-line to a late night monologue. Here, after all, was one of the most prominent and influential Black public intellectuals on African and African-American history having been arrested on a charge of disorderly conduct at his own home. And this only days before the launch of CNN’s “Black in America 2”, a documentary series about positive community responses to the devastating impact of racism and racial disparities in health, education, housing, and criminal justice on the life chances of African-Americans.
Although, like the late Richard Pryor, one can laugh about race relations in America, one knows that it is never truly a joke.
“Curious-er and Curious-er”
Things grew more strange with each passing day. At first, the official responses seemed like those associated with many such incidents involving prominent people. After the charge was dropped, Cambridge Mayor Denise Simmons, an African-American (pictured right), expressed regret that the incident occurred and called for a thorough investigation and further discussions on race and police-community relations.
Community and civil rights/civil liberties organizations called for greater attention to existing efforts to address racial profiling and other aspects of community-police relations. (See, for example, an op-ed by Carol Rose, Executive Director of the American Civil Liberties Union of Massachusetts (ACLUM) here. Note: I am a member of ACLUM’s board, but the opinions I express here are my own and do not necessarily reflect those of the organization, its board, or its staff. As a separate matter, I was a Fellow of the DuBois Institute in 2008 and therefore know Professor Gates. I have not spoken with him about the facts of the incident or this blogpost.)
What Happened Was…
Disputes about the facts persist even two weeks later. Here’s my version of the gist based on media reports. Professor Gates, returning home during daylight hours after a long trip, had trouble getting his front door open. He asked the driver with him to help push the stuck door and succeeded in getting inside.
A woman who worked nearby called the police when she was alerted by another older woman, possibly a neighbor, who feared that a break-in was occurring.
The passer-by told the 911 operator that she was not sure what she had witnessed, but that two men seemed to have forced a door open and that the other woman with her was worried. When asked, she said that she did not know the race of the men because she had not seen them clearly.
When pressed by the operator, she guessed that one might be Hispanic, but noted that she did not see the other man clearly. She also said that it was possible that the people she saw might live there and that there appeared to be luggage on the porch.
According to this blogpost on The Root.com, Professor Gates later sent the caller flowers for alerting the police to what she thought was an attempted burglary. Soon after the call, Sgt. Crowley arrived at the home in response to the dispatch. Meanwhile, the driver had left and Professor Gates was in the process of calling the real estate manager to report damage to his front door.
As President Obama later described events up to that point, “so far, so good”.
What happened next?
How then, the resident of the home, Harvard professor or not, ends up under arrest and detained for four hours after presenting identification, is, of course, what divides so many observers along racial lines. (See the Boston.com article,“No Racial Consensus on Gates Case”.)
►Professor Gates’ description of events and his lawyer’s statement appear here and here.
►Sergeant Crowley’s description of the incident and police union statements can be found here.
►President Obama’s press conference take on the broader issues of race relations and racial profiling as well as on the specifics of the Gates-Crowley incident, appears here. His follow-up statement on the furor that resulted can be found here.
►And that famous White House conversation over beers can be observed here.
Among many other commentators, criminal law professor Angela J. Davis of American University’s Washington College of Law (pictured above left) provided an excellent brief legal analysis of the original incident on CNN.

 
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