Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination

Washington University Global Studies Law Review

Race

Articles 1 - 7 of 7

Full-Text Articles in Law and Race

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat Jan 2015

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat

Washington University Global Studies Law Review

For decades, social and physical scientists have asserted that “race” is a social construct rather than a biological reality. Conversely, skin color is objectively identifiable. Yet, the law has focused largely upon racial categories to remedy discrimination against individuals based upon their skin color or “racial” identification. While some authors continue to argue that race is “real” either from a biological or sociological perspective, and others continue to challenge its biological and legal salience, this debate has proven largely unsatisfactory to policy makers and others interested in understanding both the social construction of race and skin color and its impact ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...


"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood Jan 2015

"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood

Washington University Global Studies Law Review

Colorism, a term believed to be first coined in 1982 by Pulitzer Prize winner Alice Walker, was defined by her to mean the “prejudicial or preferential treatment of same-race people based solely on their color.” It is not racism although there is a clear relationship. A clear example of racism would involve a business that refuses to hire black people. Colorism would not preclude the hiring of a black person, but there would be a preference for a black person with a lighter skin tone than a darker skinned person. From this example one can see too that colorism can ...


To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani Jan 2015

To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani

Washington University Global Studies Law Review

People often use race and color terminology interchangeably in common parlance. Within the United States, color terminology often dominates racial discourse due to common use of color-based racial designations such as “Black” and “White.” Color is thus often used as a synonym for race, but while the two do overlap, color is also distinct from race as colorism is from racism.

The relationship between race and color is complex: the two are intertwined, and it can be difficult to tease apart. However, one group that illuminates the distinction between the two is South Asian Americans—peoples in the United States ...


Between Black And White: The Coloring Of Asian Americans, Kim D. Chanbonpin Jan 2015

Between Black And White: The Coloring Of Asian Americans, Kim D. Chanbonpin

Washington University Global Studies Law Review

As in other ethnic and racial groups, colorism plays a significant role in the social interactions in and among Asian Americans. Investigating colorism in the Asian American community provides insights into how group members construct their own racial identities in relation to the broader race-stratified society. A colorism inquiry is a necessary intervention into the existing discourse of Asian American identity construction because it complicates common understandings of the Black/White binary in ways that shed new light on inter- and intra-racial relationships. This article addresses colorism in the Asian American community, and demonstrates both how Asian Americans have been ...


Colorism And The Law In Latin America—Global Perspectives On Colorism Conference Remarks, Tanya Katerí Hernández Jan 2015

Colorism And The Law In Latin America—Global Perspectives On Colorism Conference Remarks, Tanya Katerí Hernández

Washington University Global Studies Law Review

Today, persons of African descent make up more than forty percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. However, Latin Americans still very much adhere to the notion that, because racial mixture and the absence of Jim-Crow racial segregation are such a marked contrast to the United States’ racial history, the region is what I term “racially innocent” and thus resistant to proposals that institutions use public policies of inclusion to address the entrenched racial disparities. This resistance exists despite ...


“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior Jan 2015

“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior

Washington University Global Studies Law Review

The United Nations Charter declares in its opening article that one of the purposes of the United Nations is to promote respect for human rights “without distinction as to” any of four grounds: race, sex, language, or religion. The Universal Declaration of Human Rights (“UDHR”), adopted three years later, expands the list of prohibited grounds of discrimination and proclaims that everyone is entitled to human rights “without distinction of any kind, such as” the following: “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Numerous international and regional human rights treaties ...