John Hope Franklin Prize Winners

Year

Individual(s)

Basis for the Award

2013 Ada Ferrer
New York University

Haiti, Free Soil, and Antislavery in the Revolutionary Atlantic
117 American Historical Review 40 (2012)

In her article Haiti, Free Soil, and Antislavery in the Revolutionary Atlantic, Ada Ferrer provides an excellent example of how Haitian legal institutions and principles influenced the Atlantic world, including discussions of human rights and emancipation. Specifically, Ferrer presents a case study in the application of the Haitian Republic’s Constitution of 1816 to create a safe-haven territory to which slaves and even free blacks could escape or migrate with the expectation of living as free people, and she traces the effect of this law, and more generally the Haitian Revolution, on the slave societies that surrounded Haiti in the Caribbean and Atlantic, and even the effect of these factors in Europe, the United States and South America.

2012 Elise C. Boddie "Racial Territoriality"”  58 U.C.L.A. L. Rev. 401 (2010) In her article, Professor Boddie articulates a theory of racial territoriality that would remedy anti-discrimination law’s insistence on discriminatory intent, and its inattention to issues of race and place. Professor Boddie first conceptualizes what she terms “racial territoriality,” which she defines as a practice that occurs when the state excludes people of color from—or marginalizes them within—racialized white spaces that have a racially exclusive history, practice, and/or reputation. The article introduces a novel and very useful theoretical tool (racialized space), and Professor Boddie uses this to illuminate some existing blind spots in antidiscrimination law and set out ways to potentially address them. This framework allows scholars to better see how locations become racialized, and how their racial identity affects people within that space. It's an excellent theoretical contribution to understanding both the case law and the larger social dynamics, and it goes very well with other work on the construction of race.

Professor Boddie then offers two reform proposals aimed at integrating the concept of racial territoriality into antidiscrimination law. The first approach requires courts to take the racial meaning of the subject space into account as circumstantial evidence of racial intent in a discrimination claim. The second approach – a more radical option -- focuses on the legislative process. Under this approach, states would adopt laws treating the exclusion of people of color from white-identified space as prima facie evidence of unlawful discrimination.

Professor Boddie’s winning article presents all the best features of a Law and Society race analysis article. It adeptly deploys social science literature along with doctrinal analysis of constitutional law cases. It is centrally concerned with the marginalization of people of color and creatively conceives of a new cause of action to reinvigorate anti-discrimination law. It is a rich and highly valuable contribution to the literature.

2011 Osagie K. Obasogie  In “Do Blind People See Race? Social, Legal and Theoretical Considerations,”  44 L. & SOC. REV. 585 (2010) Professor Osagie Obasogie examines how race is socialized and communicated in our society by studying the significance and meaning of race outside of vision. Using the results of an original empirical study, in which blind and sighted subjects are interviewed about their visual understanding of race, he challenges the popularly held notions that race is “primarily a matter of visually physical features” and that people without vision "have a diminished understanding of race.” Blind individuals, in fact, “see” race not through obvious physical difference, but through “the social processes outside of vision that constitute racial categories’ perceptibility and salience.” Not only was the thesis of the article thought-provoking, the supporting analysis is rich, well-conceived, relies upon original empirical data, and has interesting implications for how we see and theorize racial identity in legal and other contexts