RACE RELATIONS LAW
Washington University School of Law
Christopher A. Bracey
Professor of Law
Professor of African & African American Studies
Fall 2007
Course Syllabus
Course Materials: The primary text for this course consists of five sets of materials prepared by me. The materials have been scanned and will be available in pdf format for download from the course web portal. The first set of materials is available for immediate download. The four remaining sets will be available later in the semester.
Class Time & Place: We will meet on Wednesdays and Fridays, 1:00 pm to 2:30 pm, in Room 306.
Faculty Office Hours: You are welcome to simply stop by for brief matters; we may need to arrange an appointment for those matters requiring deeper analysis or time. My office is room 585, my campus phone number is , and my e-mail is .
Faculty Assistant: Jan Houf. Her office is room 592, her campus phone number is  and her e-mail is .
Grading: Your grade in this course will be based largely on your performance on the final exam. The exam format will be of the conventional, take home, �open-book� variety. In addition, attendance and in-class participation is required and will be taken into account in final grading.
Course Structure: The course will proceed in five discrete modules. During the first module, we will focus our attention on the history of American race relations and the concept of national identity. Here, we are principally concerned with developing a nuanced appreciation of the manner in which legal institutions have sought to regulate the racial dimension of national identity through the creation and elaboration of legal rules and doctrines.
In the second module, we turn our attention to contemporary issues in race relations. Specifically, we will examine and critique competing theoretical models for structuring and regulating racial interaction.
In the final three modules, we will engage current controversies in race relations law. In the third module, we will explore the use of race as an element of criminal suspicion and cultural and intellectual inferiority. In the fourth module, we will
engage the current debate over the use of affirmative action in student admissions to institutions of higher education. In the fifth and final module, we will discuss contemporary issues involving, race, law and intimate association.
Topics & Readings: The tentative course schedule is outlined below. From time to time, classes may have to be rescheduled, in which case we will still progress through the syllabus in order, holding make-up classes in due course.


� Introduction to the Study of Race Relations Law
� First Module � Race, Law and National Identity
I. The American Racial Legal Order
A. Origins
(1) Constitution of the United States (1787)
(2) The Bill of Rights (1791)
(3) Thomas Jefferson, Notes on the State of Virginia (1785)
(4) Maryland Statute on Negroes and Other Slaves (1664)
(5) Slave Code of Virginia (1849)
(6) Acts of the General Assembly of Virginia (1855-56)
B. Slavery and the Judiciary
(7) State v. Mann (1829)
(8) Prigg v. Pennsylvania (1842)
(9) Fugitive Slave Act of 1850
C. Indian Nations and the Emerging American Identity
(10) Andrew Jackson�s Message to Congress (1829)
(11) Indian Removal Act (1830)
(12) Worcester v. Georgia (1832)
(13) Tocqueville, �The Three Races of America,�(1835)
(14) Felix Cohen, �Original Indian Title� (1947)
D. Race and Reconstruction: Reshaping the Constitutional Order
(15) Emancipation Proclamation (1863)
(16) Thirteenth Amendment (1865)
(17) South Carolina Black Code (1865)
(18) Civil Rights Act of 1866
(19) President Andrew Johnson�s Veto Message (1866)
(20) Fourteenth Amendment (1868)
(21) Fifteenth Amendment (1870)
(22) Charles Fairman, Reconstruction and Reunion 1864-1888 (Summary of Federal Civil Rights Legislation Enacted Between 1870 and 1875
E. Judicial Interpretation of Reconstruction Efforts
(23) Slaughterhouse Cases (1872)
(24) Strauder v. West Virginia (1880)
(25) Civil Rights Cases (1883)
F. The Reaction Against Reconstruction
(26) Gilbert Stevenson, �Real Jury Service� (1910)
(27) Plessy v. Ferguson (1896)
(28) Giles v. Harris (1903)
(29) Charles Carroll, �The Negro A Beast� (1900)
(30) NAACP, �The Story of One Hundred Lynchings� (1919)
G. Race and the Second Reconstruction: A Legal Realist Victory?
(31) Buchanan v. Warley (1917)
(32) Note, �Legal Realism and the Race Question � Some Realism About Realism On Race Relations� (1995)
(33) Smith v. Allwright (1944)
(34) Shelley v. Kraemer (1948)
H. Foundation of the Modern Era of Race Relations
(35) Brown v. Bd. of Educ. (Brown I) (1954)
(36) Bolling v. Sharpe (1954)
(37) Brown v. Bd of Educ. (Brown II) (1954)
(38) Cooper v. Aaron (1958)
(39) Martin Luther King, Jr., �Letter From Birmingham Jail� (1963)
(40) Peterson v. City of Greenville (1963)
(41) United States v. Heart of Atlanta Motel (1964)
(42) South Carolina v. Katzenbach (1966)

II. Race and Personal Identity
A. What is �race�?
(43) Saint Francis College v. Al-Khazraji (1987)
(44) Shaare Tefila Congregation v. Cobb (1987)
B. Early Efforts to Litigate Racial Categories
(45) Gobu v. Gobu (1802)
(46) Hudgins v. Wrights (1806)
(47) People v. Hall (1854)
(48) Gong Lum v. Rice (1927)
C. What about the �Others�? The Pitfalls and Possibilities of a Multiracial Census
(49) 2000 United States Census Questionnaire
(50) Orlando Patterson, �Why Conduct a Racial Census?� (July 1997)
(51) Associated Press, �Census Spotlights Youthfulness of Americans Who are Multiracial� (June 2001)
D. Early Efforts to Delineate Exactly Who May Become Part of �WE the People�
(52) Dred Scott v. Sanford (1857)
(53) Thurgood Marshall, Reflections on the Bicentennial (1987)
(54) 1 Stat. 103 (�Uniform Naturalization Act�) (1790)
(55) Lothrop Stoddard, �The Rising Tide of Color Against White World Supremacy� (1920)
(56) Ozawa v. United States (1922)
(57) United States v. Thind (1923)
(58) 22 Stat. 58 (�Act in Execution of Treaty Stipulations Relating to Chinese�) (1882)
(59) The Chinese Exclusion Case (1889)


� Second Module � Approaches to Racial Regulation
I. �Laissez Faire�/Minimal Government Intrusion
(1) Milton Friedman, Capitalism and Freedom (1962)
(2) Robert Bork, �Civil Rights � A Challenge� (1963)
(3) Richard Epstein, �Two Models of Civil Rights� (1993)
II. The Antidiscrimination Model
(4) Martin Luther King, �I Have A Dream� (1963)
(5) Paul Brest, �The Anti-discrimination Principle� (1976)
(6) William Bradford Reynolds, �Individualism v. Group Rights� (1983)
(7) Griggs v. Duke Power (1970)
(8) Washington v. Davis (1976)
(9) Civil Service Examination, Test No. 21, Series No. 173 (Appendix from Davis v. Washington, 512 F.2d 956 (D.C. Cir. 1975)
(10) Adarand Constructors, Inc. v. Pena (1995)
(11) Alan Freeman, �Legitimizing Racial Discrimination Through Anti-Discrimination Law" (1990)
III. The Pluralism/Diversity Model
(12) T. Alex Aleinikoff, �A Case for Race Consciousness� (1991)
(13) Iris M. Young, �Social Movements and the Politics of Difference� (1990)
(14) Sekou Toure (Stokely Carmichael) & Charles Hamilton, Black Power (1967)
(15) Metro Broadcasting, Inc. v. Federal Communications Commission (1990)

IV. Critical Race Theory
A. Foundations
(16) Kimberle Crenshaw, �Race, Reform, and Retrenchment: Transformation and Legitmation in Anti-discrimination Law� (1988)
(17) Charles Lawrence, �Id, Ego, and Equal Protection� (1987)
(18) Peggy C. Davis, �Law as Microaggression� (1989)
B. Methodology -- Autobiography
(19) Robert S. Chang, �Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space� (1993)
(20) Margaret E. Montoya, �Mascaras, Trenzas y Grenas: Un/masking the Self While Un/braiding Latina Stories and Legal Discourse� (1994)
C. Methodology � Fictional Narrative
(21) Derrick Bell, �Chronicle of the Space Traders� (1993)
(22) Daniel A. Farber and Suzanna Sherry, �Telling Stories out of School: An Essay on Legal Narratives� (1993)
D. Beyond the Black/White Paradigm
(23) Kev Johnson, �Some Thoughts on the Future of Latino Legal Scholarship (1997)
(24) Deborah Ramirez, �Multicultural Empowerment: It�s Not Just Black and White Anymore� (1995)
(25) Vine Deloria, Jr., �Custer Died For Your Sins� (1988)


� Third Module � Racial/Cultural Profiling
I. Criminal Suspicion
(1) Korematsu v. United States (1944)
(2) United States v. Weaver (8th Cir. 1992)
(3) United States v. Whren (1996)
(4) David Harris, �Whren v. United States: Pretextual Traffic Stops And �Driving
While Black� (1997)
II. Terrorism and The Post-September 11th Arab-American Experience
(5) Materials TBA
III. Linguistic Profiling
(6) Accents Speak Louder Than Words � National Origin Discrimination in Rental Housing (July 2005)
(7) Are Emily and Greg More Employable Than Lakesha and Jamal? � A Field Experiment on Labor Market Discrimination (July 2003)
IV. The Latino Immigration Issue
(8) Materials TBA


� Fourth Module � Affirmative Action in Higher Education
(1) Regents of the University of California v. Bakke (1978)
(2) Hopwood v. State of Texas (5th Cir. 1996) (Hopwood II)
(3) Grutter v. Bollinger (2003)
(4) Thomas Ross, �Innocence and Affirmative Action� (1990)
(5) Prof. Richard Sander on The Value of Affirmative Action, Materials TBA


� Fifth Module � Race, Law, and Intimate Association
I. Anti-Miscegenation
(1) Pace v. Alabama (1822)
(2) McLaughlin v. Florida (1964)
(3) Loving v. Virginia (1967)
II. Race and Intimacy in the Modern Era
(4) Note, �Racial Steering in the Romantic Marketplace� (1994)
(5) Randall Kennedy, �Interracial Intimacies: Sex, Marriage, Identity, and Adoption
III. Transracial Adoption
(6) Materials TBA