Gun Rights and the Black Panther Party: A Talk on February 21, 2014

UPDATE 2/15/2014: The talk has been rescheduled to Friday, February 21, 2014 at noon. It will still take place in Bryan Hall Faculty Lounge, Room 229.

In my Ph.D. program, each fifth-year student gives a formal, hour-long presentation of research from the dissertation. It’s a wonderful tradition and I’m excited to be giving my “diss talk” soon. You are invited. The talk will take place February 14 21, 2014 at noon in the Bryan Hall Faculty Lounge at the University of Virginia.

Here’s the abstract:

Defensible Selves: The Black Panther Party and the Right to Bear Arms

In the last half century, the Second Amendment has transformed from a “revolutionary” tool of leftist minority groups to a rallying cry for white supremacists and the far right. This paper examines the Second Amendment’s volatile racial politics by looking to some discredited or ignored narratives of arms bearing that appear in minority performance and discourse. Homing in on the emergence of the Black Panther Party for Self-Defense in 1966, the paper analyzes the early Panthers’ theatrical armed protests, including “police patrols” aimed at protecting black neighborhoods from police brutality and an iconic open-carry demonstration at the California State Capitol. Broadcast images of organized, legally armed African Americans provoked public fear and outrage, leading to a drastic new gun control measure nicknamed the “Panther Bill.” This swift legislative response laid bare the extent to which the Constitution’s ideal arms bearer is popularly imagined as a white, male property owner defending colonized space—not a politically active African American with life and liberty to protect. The Panthers’ embodied political speech drew from and recast familiar narratives of self-defense, tyranny, revolution, peoplehood, and individual self-determination. By reconfiguring popular Second Amendment myths, they perhaps offer a way to reframe present-day gun debates. The right to bear arms, more than a question of domestic policy, is fundamentally tied to how we imagine the nation—and how we imagine the horizon of violence that keeps the nation whole.


Law, Language & Culture Reading Lists from Osnabrück Summer School

Many thanks to Director Peter Schneck and the faculty of the Summer School for giving permission to share these valuable reading lists.

The reading list for Workshop 1, entitled “The Complex Relation between Culture and Law: Methods, Concepts, Approaches,” was posted earlier.

Detailed workshop descriptions can be found here (scroll down for links).

Workshop 2: From Human Rights to Civil Rights to Cultural Rights

Convened by: Helle Porsdam & Cindy Holder

  • Anaya, S. James. Indigenous Peoples in International Law. 2nd ed. Oxford: Oxford UP, 2004. Read p. 129-48.
  • Jones, Peter. “Human Rights, Group Rights and Peoples’ Rights.” Human Rights Quarterly 21.1 (1999): 80-107.
  • Porsdam, Helle. “Divergent Transatlantic Views on Human Rights: Economic, Social, and Cultural Rights.” From Civil to Human Rights: Dialogues on Law and Humanities in the United States and Europe. Cheltenham: Edward Elgar, 2009. Read p. 92-113.
  • —. “Divergent Transatlantic Views on Human Rights: The Role of International Law.” From Civil to Human Rights: Dialogues on Law and Humanities in the United States and Europe. Cheltenham: Edward Elgar, 2009. Read p. 114-35.
  • —. “Transatlantic dialogues on copyright: cultural rights and access to knowledge From Civil to Human Rights: Dialogues on Law and Humanities in the United States and Europe. Cheltenham: Edward Elgar, 2009. Read p. 136-64.
  • Raz, Joseph. “Rights and Individual Well-being.” Ratio Juris 5.2 (1992): 127-42.
  • Reidel, Laura. “What are Cultural Rights: Protecting Groups with Individual Rights.” Journal of Human Rights 9 (2010): 65-80.
  • Supreme Court of Canada , R v Van der Peet [1996] 2 S.C.R. 507

Read the rest of this entry »


Teaching Property Law and Race: “Integrating Spaces” by Brophy et al.

My recollection of law school property class consists mostly of trying to fit a lot of archaic terms for ownership interests onto the one-page cheat sheet we were allowed for the exam. No fault of my professor, who made feudal language as interesting as it could be.

It was not until much later that I realized how truly fascinating property is. In a country where people used to own people, how can the law’s legitimation of a human’s attachment to something be anything but fascinating?

Today’s law students might come to this realization sooner, thanks to a practical, wide-ranging  book by Alfred Brophy, Alberto Lopez, and Kali Murray. Integrating Spaces: Property Law & Race (2011) is a casebook-style text that covers the many ways race and identity have shaped and continue to shape property in the U.S. It is intended as a supplemental text to help law professors integrate issues of race into their first-year property courses. Each chapter consists of a concise, clearly written overview of the issues and several illustrative cases.

Here is the table of contents:

Part I. Race in the Making of Property Law

Chapter 1. Origins: Possession and Dispossession in Property Law
Chapter 2. Property Rules and Slavery

Part II. Race and the Remaking of Property

Chapter 3. Racial Regulation of Public Spaces in the United States
Chapter 4. Discrimination and the Sale or Occupancy of Real Property

Part III. Race and Contemporary Property

Chapter 5. Redefining Housing and Neighborhood: Civil Rights and Its Impact on Property Law
Chapter 6. Contemporary Common Law Property
Chapter 7. Race, Ethnicity, and Culture in an International Perspective

I hope this much-needed book catches on.


Law and Society Panel on Legacies of Colonialism in Indigenous Communities

My other favorite panel from the Law and Society Association’s Annual Meeting was Narratives of Il(legality) in Liminal Indigenous Locations, held Friday. The panel included four very moving, thought-provoking presentations on the ways colonialism and legal and cultural oppression impact North American indigenous communities today.

The first three presentations dealt with legacies of Canada’s residential schools policy, which forcibly removed aboriginal children from their homes and raised them (if you can call it that) in conditions of abuse, deprivation, and denigration.

Carole Blackburn spoke on Blackwater v. Plint (2005), which arose from widespread sexual abuse at one church-run residential school. The government and church were held liable, but liability was mitigated because the court found school officials had no actual knowledge of abuse—despite the fact that several children reported the abuse to police and nurses. Blackburn examines the cultural conditions that made abuse of aboriginal children invisible to the defendants and the court. Lack of “actual knowledge,” she argues, is really a willed “ignorance that requires active dissociation” from injustices committed against the children.

Justice Melvyn Green of the Ontario Court of Justice spoke on his experiences as a rotating judge in the Gladue Court that handles sentencing of aboriginal criminal offenders, who are overrepresented in prisons by a factor of seven. While the Court carefully considers mitigating factors specific to aboriginals, Justice Green was very forthcoming about the Court’s limitations. Sentencing, after all, is the “tail end” of the process and earlier interventions are needed. Disparities in crime and imprisonment rates are part of “an inheritance of unbridled colonialism”; they result largely from “cultural genocide” propagated by Canada’s residential schools policy.

Jane McMillan’s paper concerned unintended consequences of the Residential Schools Settlement agreement of 2007, which compensates aboriginal Canadians who can prove they went to a residential school. Part of the claims process requires victims of abuse, many of whom are traumatized and have never spoken of their abuse, to detail their experiences in writing and undergo a hearing in order to receive extra compensation. (The seventeen-page form includes an appalling page of checkboxes listing various acts of sexual abuse and how many times they were done.) This culturally and psychologically insensitive process, while cathartic and healing for some, is for others a re-victimization.

Finally, Ann Tweedy traced the racialized notion of “self-defense” in U.S. jurisprudence to illuminate current problems with Indian sovereignty and gun control. Tweedy argues that stereotypes of Indians as “savage ignobles” (which arise, ironically, from Indians’ own efforts at self-defense against white settlers) have led to a long history of curtailing Indian sovereignty. The result has been widespread lawlessness on reservations due to Indians’ inability (and U.S. Attorneys’ refusal) to effectively prosecute crimes, particularly rape of Indian women by non-Indian men. At the same time, the right to bear arms must be understood in the context of white settlers “defending” themselves against what Justice Kennedy, only a few years ago, called “Indian tribes and outlaws, wolves and bears and grizzlies and things like that.”


Law and Society Association Conference Update: Panel on the War on Terror

First, I am very grateful to the organizers and faculty of the Law and Society Association’s Graduate Student Workshop, which wrapped up on Wednesday. It was a terrific and inspiring program—I highly recommend it to other graduate students who do what I will affectionately call “law-and-blank” research.

Second, I attended several great panels during Days 1 and 2 of the LSA Annual Meeting (see Twitter at #LSA2011), but will detail just one of my favorites for now. Yesterday’s panel Exploring the Discontinuity in the War on Terror at the Margins and Beyond featured exciting papers by Paul E. Amar, Asli Bali, Darryl Li (a.k.a. @abubanda), and Wadie Said, with commentary by Sudha Setty.

Bali presented “Subordination by Law? Discretion and Discrimination against U.S. Muslims beyond September 11th,” which argued that since 9/11, executive branch powers have expanded alarmingly to create a de facto preventive detention system for Muslim Americans, dodging anti-discrimination laws. Bali described, among other things, two supermax-style prisons that hold terror suspects, 95% of whom are Muslim. (The rest are called “balancers,” meaning they are there to prevent—laughably—suggestions of religious or ethnic profiling.) She also points out that counterterrorism laws have effectively added aggravating factors to many minor crimes solely because the offender is Muslim; credit card fraud, for instance, has a tendency to become a terrorism-related felony if committed by a Muslim.

Li’s paper, delivered by Bali in his absence, examined “Global Civil War and American Power.” Li argues that the Global War on Terror (GWOT) operates largely outside the existing law of armed conflict, constituting a sort of “global civil war” in which US power is projected through weaker states and non-state actors. He eloquently refers to this as a “haunting of sovereignty” that does not fit traditional paradigms of either international or non-international armed conflict. Li’s evocative language and creative analysis can also be seen in his recent article, “Hunting the Out-of-Place Muslim,” which demonstrates how Muslims’ physical mobility is constructed as threatening and aberrational.

Amar’s paper, “The Human Archipelago: Human-Security States, Sexuality Politics, and the End of Neoliberalism,” traced the interplay between stereotypes of Arab “timebomb” masculinity and UN-style feminism up through the recent Egyptian revolution. Said’s paper, “The Message and Means of the Modern Terrorism Prosecution,” discussed the U.S. Supreme Court’s exceptional treatment of terrorism to contextualize Holder v. Humanitarian Law Project (2009), which codified a broad interpretation of the 2007 material support ban.


Law and Society Association Graduate Student Workshop: Keynote Talk on Intersectionality and EEO Litigation

I’m in San Francisco for the Law and Society Association‘s 24th annual Graduate Student Workshop (today and tomorrow) and Annual Meeting (June 2-5). The official Twitter hashtag for both is #LSA2011.

The Graduate Student Workshop opened tonight with a terrific keynote talk by Lauren Edelman entitled “Blurring Lines for Sharper Knowledge: Toward a Multi-Method Approach to Critical Socio-Legal Studies.” According to Edelman, critical race theorists in the legal academy and “traditional” social scientists are typically skeptical of each other’s methods. However, she argues, there are many opportunities for these scholarly factions to support each other’s intellectual projects.

For example, Edelman combines quantitative social science methods with Kimberlé Crenshaw’s theory of intersectionality to examine the way EEO discrimination claims with more than one basis of discrimination are treated by the federal courts. Her team’s study finds strong evidence that intersectional discrimination claims are less likely to succeed than non-intersectional ones. This means, for starters, that white women are more than twice as likely as non-white women to win discrimination lawsuits and that white men are more likely than either non-white men or non-white women to win discrimination lawsuits. The implication here is that the law is not good at handling the complex kinds of discrimination faced by people who have multiple disadvantages. The lead researcher on the study is Rachel Best, a graduate student who will soon finish her Ph.D. in Sociology at UC-Berkeley.


Slave Cemetery at VCU Turned Over to the Richmond Slave Trail Commission

The Root (and its partner, National Public Radio) have picked up the story of Richmond’s Burial Ground for Negroes, which we posted about a while back. The historic slave and free black cemetery (c. 1750-1816), now also known as the African Burial Ground, has been used as a parking lot by Virginia Commonwealth University since the state purchased it in 2008. Today, it will be officially turned over to the City of Richmond’s Slave Trail Commission, which plans to preserve and memorialize the 1.6-acre site. The move comes only after years of community activism, an unsuccessful lawsuit, and growing negative publicity that put pressure on the state and the university.

As The Root reports, the Richmond controversy is one of several that have arisen in recent years over historic slave and free black cemeteries. The most well-known of these is the African Burial Ground in lower Manhattan:

Chris Moore, a historian and curator at New York’s Schomburg Center for Research in Black Culture, was one of the first to inform the public about the African Burial Ground [in lower Manhattan]. According to Moore, the GSA tried to keep the excavation quiet. He said that federal officials and archaeologists initially claimed ignorance, but workmen at the site informed him they were ” … taking truckloads of bones out of here.”

The GSA initially announced that no more than a few hundred people were buried at the site; it is now estimated that there are 15,000-20,000 remains under a five-block area.

A long battle ensued, involving community protests, court hearings and support from city and state officials that finally garnered national attention. As a result, the excavation was halted for some time, and the disinterred remains of 419 people were sent to Howard University for research (and later re-interred at the African Burial Ground). A memorial was built next to the new building and an interpretive center added inside the lobby, explaining the site, now a national monument.

Other burial grounds have been rediscovered in places as varied as Portsmouth, N.H.; Rio de Janeiro, Brazil; and Dallas — and they often trigger similar community struggles to reclaim those sites. For several years, Harlem’s African-American community has been fighting to reclaim and memorialize a burial ground covered by a bus depot.

As the 150th anniversary of the Emancipation Proclamation approaches (Jan. 1, 2013), efforts to recover Richmond’s African Burial Ground — and all other sites that contain black ancestral remains — gain special significance for all Americans.