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Full-Text Articles in Law and Race
Dehumanization, Immigrants, And Equal Protection, Reginald Oh
Dehumanization, Immigrants, And Equal Protection, Reginald Oh
Law Faculty Articles and Essays
This article is divided into three parts. Part I explores the concept of dehumanization and its central role in the subordination of marginalized groups. Part II discusses the equal protection doctrine of suspect classes by analyzing key decisions by the Court and its reasoning for whether or not to consider a particular group as a suspect class. Part II also argues that the decision in Brown v. Board of Education regards racial segregation in public schools as a form of racial dehumanization and provides the doctrinal basis to consider dehumanization a central factor in determining suspect class status. Part III …
Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss
Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss
Law Faculty Articles and Essays
This Article addresses the Cherokee Nation and its historic conflict with the descendants of its former black slaves, designated Cherokee Freedmen. This Article specifically addresses how historic discussions of black, red, and white skin colors, designating the African-ancestored, aboriginal (Native American), and European-ancestored people of the United States have helped to shape the contours of color-based national belonging among the Cherokee. The Cherokee past practice of black slavery and the past and continuing use of skin color-coded belonging not only undermines the coherence of Cherokee sovereignty, identity, and belonging but also problematizes the notion of an explicitly aboriginal way of …