By Sora Y. Han
"How may still we comprehend felony colorblindness this day? In Letters of the legislations, Sora Han argues that colorblindness isn't easily a racial ideology of yankee jurisprudence--it is usually a fable structuring of felony interpretation itself. Letters of the legislation strains the fable of colorblindness throughout iconic superb lawsuits on citizenship, segregation, legal process, internment, affirmative motion, prisoner rights, and sexual freedom. via those unique readings, Han finds that unresolved criminal legacies of racial slavery stay on the middle of a few of the main pressing social problems with our time. eventually, in Letters of the legislations, various histories of civil rights reform converge because the ongoing perform of black freedom struggle"--Back cover. Read more...
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Extra resources for Letters of the law : race and the fantasy of colorblindness in American law
And because of this procedural error, a decision on the substantive issue of affirmative action’s constitutionality would have to wait. Agreeing with the majority’s judgment of the procedural inadequacy of the appellate court’s ruling, Justice Thomas nonetheless wrote separately to emphasize the pastness of the history of slavery and segregation, and thus, its irrelevance for a future deliberation by the Court on the substance of affirmative action. It is here, in this relay of agreement between Kennedy and Thomas, that we should pause.
Indeed, we have only to scratch the surface of the decision to do this. On first glance, the majority opinion, written by Justice Kennedy, appears like a proceduralist avoidance of deciding substantive matters. By this initial reading, the decision vacates the Fifth Circuit Court’s ruling that Texas’s policy was not in violation of the Equal Protection Clause as elaborated in Grutter v. ” And because of this procedural error, a decision on the substantive issue of affirmative action’s constitutionality would have to wait.
Black citizenship in Tocqueville’s America is posed as a question regarding whether and how the legal personality of a black citizen can emerge in the interstices of slavery and democracy, whether national subjects can be made of a minority group that crossed not from one national territory into another, but remained trapped between the Atlantic Ocean and a settler multitude. ”16 In other words, if Tocqueville understood American citizenship as the transformation of national subjects in voluntary or coerced transnational passage to the New World, he also understood “the blacks” somewhere in the midst of, but not participating in, this traffic.
Letters of the law : race and the fantasy of colorblindness in American law by Sora Y. Han