Standard White: Dismantling White Normativity

Standard White reviews White By Law by Ian Haney López and examines the content and construction of whiteness as a racial category. Drawing on examples from medicine, higher education, and naturalization law, Standard White illustrates the central position that whiteness continues to occupy in the United States. By focusing on the operation of white normativity, […]

An Alternative View of Immigrant Exceptionalism, Particularly As It Relates to Black: A Response to Chua and Rubenfeld

The contrast between Amy Chua and Jed Rubenfeld’s The Triple Package (Chua & Rubenfeld 2.0) and Chua’s previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a “triple package” of traits that are largely cultural; […]

Election Administration Reform and the New Institutionalism

The 2008 election of Barack Obama to the United States presidency is racially momentous. Few would gainsay that the elevation of an African American to the most powerful and most public position in our national life signals a remarkable step away from race slavery. But what exactly does Obama’s elevation portend for race in America? […]

What Does Richard Posner Know About How Judges Think?

Richard Posner may be America’s most celebrated living judge, and although he does not sit on our highest court, his career marks an unmatched fusion of judicial leadership and prolific scholarship. Given such renown and experience, Posner’s recent book How Judges Think cannot escape high expectations. Indeed, Posner cites his credentials in offering to “part[] […]

Assessing California’s Hybrid Democracy

In the early part of this decade it appeared that California voters stood to use the devices of direct democracy – the initiative, referendum, and the recall – to take a more major role in crafting the state’s public policy. After all, in 2003 California for the first time recalled a sitting governor, Gray Davis, […]