Acknowledgments |
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xv | |
Introduction |
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1 | (4) |
PART I Miscegenation, Intermarriage, and the Law |
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5 | (92) |
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The History of the Anti-Miscegenation Laws |
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9 | (2) |
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Representing Miscegenation Law |
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11 | (2) |
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Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia |
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13 | (15) |
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Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860s--1960s |
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28 | (3) |
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Lynching, Federalism, and the Intersection of Race and Gender in the Progressive Era |
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31 | (5) |
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Crossing the River of Blood between Us: Lynching, Violence, Beauty, and the Paradox of Feminist History |
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36 | (7) |
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The Road to Loving v. Virginia and Its Impact |
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41 | (2) |
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Perez v. Sharp California Supreme Court (1948) |
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43 | (10) |
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The Loving Case: Virginia's Anti-Miscegenation Statute in Historical Perspective |
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53 | (3) |
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Crossing the Color Line: A Historical Assessment and Personal Narrative of Loving v. Virginia |
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56 | (4) |
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Loving v. Virginia U.S. Supreme Court (1967) |
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60 | (4) |
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How Are We Doing with Loving? Race, Law, and Intermarriage |
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64 | (7) |
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69 | (2) |
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After Pocahontas: Indian Women and the Law, 1830--1934 |
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71 | (10) |
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A ``Wicked and Mischievous Connection'': The Origins of Indian-White Miscegenation Law |
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81 | (5) |
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American Mestizo: Filipinos and Anti-Miscegenation Laws in California |
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86 | (11) |
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94 | (1) |
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95 | (2) |
PART II Racial Identity |
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97 | (56) |
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Legal Simplicity: The ``One Drop'' Rule |
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99 | (2) |
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The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice |
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101 | (3) |
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The Devil and the ``One Drop'' Rule |
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104 | (7) |
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Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South |
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111 | (5) |
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Telling the Difference: Nineteenth-Century Legal Narratives of Racial Taxonomy |
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116 | (5) |
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119 | (2) |
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Life on the Color Line: The True Story of a White Boy Who Discovered He Was Black |
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121 | (2) |
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Anti-Essentialism and Intersectionality: Tools to Dismantle the Master's House |
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123 | (2) |
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Rodrigo's Twelfth Chronicle: The Problem of the Shanty |
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125 | (2) |
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``What Are You?'' Hapa-Girl and Multiracial Identity |
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127 | (6) |
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Mestizaje and La Raza Cosmica |
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131 | (2) |
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Latinos, Assimilation, and the Law: A Philosophical Perspective |
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133 | (2) |
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Shifting Bottoms and Rotating Centers: Reflections on LatCrit III and the Black/White Paradigm |
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135 | (4) |
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Indians, Intermarriage, and the Law of Indian Identity |
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137 | (2) |
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Full Blood, Mixed Blood, Generic, and Ersatz: The Problem of Indian Identity |
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139 | (2) |
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Administering Identity: The Determination of ``Race'' in Race-Conscious Law |
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141 | (3) |
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Dependent Sovereigns: Indian Tribes, States, and the Federal Courts |
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144 | (9) |
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149 | (1) |
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150 | (3) |
PART III ``Passing'' |
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153 | (34) |
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155 | (2) |
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157 | (12) |
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How Race and Poverty Intersect to Prevent Integration: Destabilizing Race as a Vehicle to Integrate Neighborhoods |
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169 | (3) |
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Who's Afraid of Tiger Woods? |
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172 | (2) |
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Identity Notes Part One: Playing in the Light |
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174 | (2) |
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``Melting Pot'' or ``Ring of Fire''? Assimilation and the Mexican American Experience |
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176 | (3) |
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179 | (2) |
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Who's Black, Who's White, and Who Cares: Reconceptualizing the United States' Definition of Race and Racial Classifications |
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181 | (6) |
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184 | (1) |
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185 | (2) |
PART IV The Census |
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187 | (46) |
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Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed Race People |
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191 | (6) |
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Multicultural Empowerment: It's Not Just Black and White Anymore |
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197 | (3) |
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200 | (5) |
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``Multiracial'' Discourse: Racial Classifications in an Era of Color-Blind Jurisprudence |
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205 | (7) |
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The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez |
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212 | (4) |
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Color by Numbers: Race, Redistricting, and the 2000 Census |
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216 | (5) |
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Los Confundidos: De-Conflating Latinos'/as' Race and Ethnicity |
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221 | (3) |
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``A People Distinct from Others'': Race and Identity in Federal Indian Law and the Hispanic Classification in OMB Directive No. 15 |
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224 | (4) |
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Native Intelligence: New Census Rules Affect All Persons of Pre-Columbian American Ancestry |
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228 | (5) |
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230 | (1) |
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231 | (2) |
PART V Inheritance Rights |
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233 | (28) |
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Gender, Black Feminism, and Black Political Economy |
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235 | (2) |
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Finding Sojourner's Truth: Race, Gender, and the Institution of Property |
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237 | (6) |
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The Private Law of Race and Sex: An Antebellum Perspective |
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243 | (11) |
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Blackwomen, Sexual Myth, and Jurisprudence |
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254 | (3) |
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DNA and the Slave-Descendant Nexus: A Theoretical Challenge to Traditional Notions of Heirship Jurisprudence |
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257 | (4) |
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259 | (1) |
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260 | (1) |
PART VI Discrimination and ``Colorism'' |
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261 | (36) |
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If It's Not Just Black and White Anymore, Why Does Darkness Cast a Longer Discriminatory Shadow Than Lightness? An Investigation and Analysis of the Color Hierarchy |
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263 | (5) |
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Shades of Brown: The Law of Skin Color |
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268 | (8) |
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Colorism: A Darker Shade of Pale |
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276 | (7) |
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Who Is Black Enough for You? An Analysis of Northwestern University Law School's Struggle over Minority Faculty Hiring |
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283 | (4) |
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Social and Legal Repercussions of Latinos' Colonized Mentality |
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287 | (3) |
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Immigration and Latino Identity |
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290 | (7) |
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294 | (1) |
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295 | (2) |
PART VII Affirmative Action: ``Box Checking'' and Advantage-Taking |
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297 | (34) |
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Bi: Race, Sexual Orientation, Gender, and Disability |
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299 | (3) |
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Trivializing Diversity: The Problem of Overinclusion in Affirmative Action Programs |
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302 | (4) |
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Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed Race People |
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306 | (2) |
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``A People Distinct from Others'': Race and Identity in Federal Indian Law and the Hispanic Classification in OMB Directive No. 15 |
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308 | (4) |
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What's an Indian? A Conversation about Law School Admissions, Indian Tribal Sovereignty, and Affirmative Action |
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312 | (7) |
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Administering Identity: The Determination of ``Race'' in Race-Conscious Law |
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319 | (7) |
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``Melting Pot'' or ``Ring of Fire''? Assimilation and the Mexican American Experience |
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326 | (5) |
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328 | (1) |
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329 | (2) |
PART VIII Race, Child Custody, and Transracial Adoption |
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331 | (74) |
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333 | (2) |
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Palmore v. Sidoti U.S. Supreme Court (1984) |
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335 | (3) |
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The Role of Race in Child Custody Decisions between Natural Parents over Biracial Children |
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338 | (5) |
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Race and Child Placement: The Best Interests Test and the Cost of Discretion |
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343 | (10) |
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351 | (2) |
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Where Do Black Children Belong? The Politics of Race Matching in Adoption |
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353 | (11) |
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The Transracial Adoption Controversy: An Analysis of Discourse and Subordination |
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364 | (4) |
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In a World Not Their Own: The Adoption of Black Children |
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368 | (7) |
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Bi: Race, Sexual Orientation, Gender, and Disability |
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375 | (3) |
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Transracial and International Adoption: Mothers, Hierarchy, Race, and Feminist Legal Theory |
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378 | (7) |
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The Indian Child Welfare Act |
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383 | (2) |
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``The Past Never Vanishes'': A Contextual Critique of the Existing Indian Family Doctrine |
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385 | (8) |
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Pigs in Heaven: A Parable of Native American Adoption under the Indian Child Welfare Act |
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393 | (12) |
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401 | (1) |
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402 | (3) |
PART IX The Immigration and Naturalization Laws |
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405 | (28) |
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Naturalization of the Mixed-Blood: A Dictum |
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407 | (4) |
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Racial Restrictions on Naturalization: The Recurring Intersection of Race and Gender in Immigration and Citizenship Law |
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411 | (2) |
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Legacies of War: The United States' Obligation toward Amerasians |
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413 | (11) |
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Gendered States: A Comparative Construction of Citizenship and Nation |
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424 | (9) |
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431 | (1) |
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432 | (1) |
PART X Racial Mixture Outside the United States |
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433 | (36) |
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Can Money Whiten? Exploring Race Practice in Colonial Venezuela and Its Implications for Contemporary Race Discourse |
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435 | (6) |
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The Long, Lingering Shadow: Law, Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas |
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441 | (6) |
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Chicano Indianism: A Historical Account of Racial Repression in the United States |
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447 | (4) |
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Administering Identity: The Determination of ``Race'' in Race-Conscious Law |
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451 | (4) |
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Race, Multiculturalism, and the Jurisprudence of Transformation |
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455 | (3) |
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Challenges and Dilemmas of Racial and Ethnic Identity in American and Post-Apartheid South African Affirmative Action |
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458 | (11) |
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465 | (1) |
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466 | (3) |
PART XI A Mixed Race Society: The End of Racism? |
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469 | (22) |
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471 | (7) |
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Did the First Justice Harlan Have a Black Brother? |
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478 | (3) |
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What's Loving Got to Do with It? |
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481 | (3) |
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484 | (2) |
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Postethnic America: Beyond Multiculturalism |
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486 | (5) |
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489 | (1) |
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490 | (1) |
PART XII Future Mixed Race Legal Studies |
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491 | (6) |
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Multiracialism: A Bibliographic Essay and Critique |
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493 | (4) |
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495 | (1) |
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496 | (1) |
Author Index |
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497 | (2) |
Subject Index |
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499 | (6) |
About the Editor |
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505 | |