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Whiteness as Property
97
Whiteness as Property
by
Cheryl I. Harris
Cheryl I. Harris
B.A. Wellesley, 1973
J.D. Northwestern, 1978.
UCLA Faculty Since 1998
Professor of Law, UCLA School of Law; Chair, Department of African American Studies
Influential article : “Whiteness as Property” (Harvard Law Review) Vol.6 No. 108
References :
https://law.ucla.edu/faculty/faculty-profiles/cheryl-i-harris/
Introduction
White as Property by Chery I. Harris
I. Introduction
Main Idea
Experience of Harris's Grandmother
There are, who many crossed color line never to return
This article investigates the relationships between concepts of race and property
II. The Construction of Race and the Emergence of Whiteness as Property
Essential Understandings
B. Critical Characteristics of Property and Whiteness
A. Forms of Racialized Property : Relationships Between Slavery, Race, and Property
C. White Legal Identity : The Law's Acceptance and Legitimation of Whiteness as Property
A. Forms of Racialized Property : Relationships Between Slavery, Race, and Property
1. The Convergence of Racial and Legal Status
2. Implications for Property
B. Critical Characteristics of Property and Whiteness
1. Whiteness as A Traditional Form of Property
2. Property and Expectations
3. The Property Functions of Whiteness
a. Rights of Disposition
b. Right to Use and Enjoyment
c. The Conception of Reputation as Property
d. Whiteness as membership of exclusivity
C. White Legal Identity : The Law's Acceptance and Legitimation of Whiteness as Property
1. Whiteness as Racialized Privilege
2. Whiteness, Rights, and National Identity
III. The Persistence of Whiteness
Cheryl I. Harris
III. The Persistence of Whiteness
A. The Persistence of Whiteness as Valued Social Identity
Whiteness is important
Andrew Hacker's Study in "Two Nation" (1992
B. Subordination through Denial of Group Identity
Exclusivity of Whiteness is legalized by law
Today there's not racial identification in law, but the implementation is different.
IV. Delegitimating the Property Interest in Whiteness Through Affirmative Action
A. Affirmative Action : A New Form of Status Property?
B. What Affimative Action Has Been; What Affirmative Action Might Become
V. Conclusion
Notes
Whiteness as property causes injustice
Whiteness as Property is doctrine to make whiteness superior
Affirmative action is solution