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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts James Baldwin and Latino Racial Innocence
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Friday, December 16, 2022
James Baldwin and Latino Racial Innocence
Guest Blogger
For the Balkinization symposium on Tanya K. Hernández, Racial Innocence: Unmasking Latino Anti-Black Bias and the Struggle for Equality (Beacon Press, 2022).
No writing on race today should ever be done
without 1) considering the work of James Baldwin, and 2) being in meaningful conversation
with the contemporary scholars you respect.
I am honored that this book symposium enables me to do both. I wish to
express profound gratitude to Jack Balkin and Linda McClain in organizing the
book symposium and to all the participants for their generosity of time in
carefully assessing what Racial Innocence
has to offer. It was exactly 60 years ago, that Baldwin articulated
the concept of racial innocence in his essay “A Letter to
My Nephew” in The Progressive Magazine, and later
included it in his seminal book The Fire Next Time.
In it he observes: [T]his is the
crime of which I accuse my country and my countrymen . . . that they have destroyed and are
destroying hundreds of thousands of lives and do not know it and do not want to
know it . . . but it is not permissible that the authors of devastation should
also be innocent. It is the innocence
which constitutes the crime. Racial
Innocence extends the Baldwin insight to examining how
people of color themselves commit the crime of racial innocence. The Latino community serves as the case study
for the book. Blogger Gerald Torres importantly questions whether racial
innocence is more a reflection of disingenuity than of true innocence. Like
Baldwin, I do not believe that the two are mutually exclusive when innocents
“do not know and do not want to know” how they are implicated in systems of
oppression. Admittedly, constructing and maintaining the mindset of racial
innocence in a world of evident racial disparities certainly entails concerted
effort. Blogger George Martinez aptly characterizes this as an “epistemology of
ignorance.” However, regardless of the extent of effort involved, it is the
self-image of innocence that does the deleterious work. Blogger Linda
McClain’s work on the “rhetoric of bigotry” also
supports this premise. This is because the
national framing of bigotry as being the opposite of beliefs we sincerely hold,
only reinforces the inclination to resolutely hold onto a self-image of
innocence. The book’s study of Latinos forcefully
underscores the harm that the racial innocence mindset unleashes in normalizing
racial hierarchies and abdicating any responsibility for addressing them. That
Latinos are a racially diverse pan-ethnic group viewed “as people of color”
further entrenches the notion that a “Latino-style” allegiance to colorism is
not as serious as US-style racism. Not as serious for Latinos to address nor
for courts to apply anti-discrimination law to. Yet, labeling Latino racial
attitudes as less serious relies on ignoring the existence of Afro Latinos. As Racial
Innocence documents, Afro Latinos are targeted by White and lighter-skinned
Latinos with the same derision, and exclusion in the labor market, housing
market, educational sphere, and public accommodations, as are African Americans
and other people from the African Diaspora. Including the Latino treatment of
Afro Latinos within the examination of how other Blacks are treated, subverts
the presumption that racism is not involved. Indeed, as Blogger Rhonda Reaves
astutely points out, the LA
City Council Latino race debacle of October 2022,
was first understood as a Latino versus African American political turf
skirmish. Inserting Afro Latinos into the picture illuminates a pattern of
racialized actions that extends beyond ethnic interest group political
competition. In other words, when the Afro Latino subject is made legible, an
overarching anti-Blackness is also made visible that is bigger than just a
Latino versus African American political narrative. Attending to the Latino patterns of systemic
Black exclusion disrupts the notion that Latino actions of racial exclusion are
somehow different from how racism is always enacted across global Blackness. As
Blogger Darren Lenard Hutchinson reminds us, Latinos are not beyond the
Black-White binary. In fact, the
Black-White binary and White Supremacy exist within Latinidad (the Latino
collective ethnic community). This world within worlds concept is what makes Blogger
Catherine Powell’s invitation to situate Racial
Innocence as part of the Afro-Futurism conversation so appealing. Indeed, Octavia
E. Butler’s articulation in Parable of the Talents,
that “in order to rise from its own ashes, a phoenix first must burn” resonates
deeply with the book’s objective to deliver the harsh truths that burn but can
transform. However, as a proud Critical
Race Theorist (CRT), I know that the book’s insights are anemic if not put into
a public conversation beyond the legal academy. For this reason, my version of
a book tour has included many talks at non-profits and community-based
organizations. And when I participate in bookstore events
they are organized as roundtable conversations with community stakeholders. These efforts as CRT praxis (connecting theory
to practical work aimed at transforming concrete social institutions) or as a
student once said to me “the effort to change the world one person at a time,”
have shown me that in order to effectuate the “awakening” that Blogger Berta
Esperanza Hernández-Truyol describes, all three buckets of public reactions to
the book will need to be addressed. Response
Bucket One: Denial “I
hear the chorus of the innocents screaming, ‘No, this is not true. How bitter
you are.’” James Baldwin, “A Letter to my Nephew.” One segment of Latino event attendees
challenges the veracity of the premise that Latinos exercise agency in
anti-Blackness. For these Latinos who
are often White identified and/or otherwise light in appearance, there is a
discomfort in acknowledging that racial attitudes are part of a group’s
cultural heritage. It is my hope that
the book’s methodical documentation of the varied instances of Latino
anti-Black bias in the workplace, sale and rental of homes, educational
institutions, the criminal justice system, and public spaces of leisure, help
to disrupt that denial. Response
Bucket Two: Emotional Identification “I
am writing this letter to you to try to tell you something of how to handle
them.” James Baldwin, “A Letter to my Nephew.” Another segment of event attendees is visibly
moved by the narratives I share of the victims of Latino anti-Black bias
contained in the book, and deeply appreciative of having found a language and
grammar to articulate their own experiences of this bias. They are often Afro
Latino, African American, African, West Indian, and light-skinned Latinos with
a deep commitment to addressing social injustice wherever it is located.
Regardless of racial identification, these are attendees who are relieved to
finally have a resource with which to respond to the Latino racism-deniers. Response
Bucket Three: Surprise “We
with love shall force our brothers to see themselves as they are, to cease
fleeing from reality and begin to change it.” James Baldwin, “A Letter to my
Nephew.” The final segment of event attendees (often
White non-Latino) is that of those with no previous knowledge of Latino racial
pathologies. They parallel some of the jurors and judges in Racial Innocence, whose similar ignorance
leads them to excuse Latino acts of Black racial exclusion simply because a
defendant is Latino (as a kind of pseudo-defense). However, I am encouraged by
how these event attendees are receptive to the book’s advocacy for the
expansion of our nation’s racial literacy coverage. The
Takeaway: Racial
Innocence serves as an invitation for continued nuanced
examinations of how other communities of color can be complicit in the
operation of racism in the U.S. In addition to social justice activists and
civil rights leaders, the lawyers and judges who enforce our nation’s
anti-discrimination laws will find useful insights. Educating both lawyers and
judges about how Latinos are not only victims of discrimination but also part
of the problem of societal discrimination will fortify the ability of law to accurately
assess and redress discrimination in an increasingly diverse society. Broadening
our global racial literacy is not a cure-all, but it can certainly be part of
the solution. Tanya Katerí Hernández is the Archibald R. Murray Professor
of Law at Fordham University School of Law. You can reach her by e-mail at THernandez@law.fordham.edu
or on Twitter while it exists @ProfessorTKH.
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Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. 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Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |