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Law

Virginia Commonwealth University

Explorations in Ethnic Studies

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Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Otis L. Scott Jan 1992

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Otis L. Scott

Explorations in Ethnic Studies

For all intent and purposes the United States of America in 1927 was an apartheid state. The Plessy v. Ferguson decision in 1896 determined that the best social policy for this nation to pursue was one which required racial separation. The Plessy decision essentially capped a series of Supreme Court decisions which underscored the destruction of Reconstruction and the return of "states rights" to southern governments. Decisions like the Slaughter House Cases (1872) and the Civil Rights Cases (1883) gave clear evidence of the federal government's hasty retreat from serving as an advocate for the civil rights of African ...


Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo Jan 1992

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo

Explorations in Ethnic Studies

Law in the United States may of course be viewed through a number of different perspectives. Over the past several decades, racial minorities have used litigation and legislation to reform institutional policies and practices, and this has given impetus to perspectives of law as a significant tool of constructive social change. While such frameworks have validity, Malik Simba's paper is a relevant reminder of the ideological and coercive dimensions of law and of its long history as a means of oppressing racial minorities.


Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba Jan 1992

Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba

Explorations in Ethnic Studies

In the constitutional case of Gong Lum v. Rice (1927), the United States Supreme Court, composed entirely of Bok Guey (whites), adjudged Hon Yen (Chinese) to be in the same social classification as Lo Mok (blacks).[1] The case, which pertained to "racially" segregated schools, reveals the problematic of law, race, and ethnicity.