John Hope Franklin Prize Winners
Basis for the Award
|2015||D. Wendy Greene
Samford University-Cumberland School of Law
Categorically Black, White, or Wrong: ‘Misperception Discrimination’ and the State of Title VII Protection, University of Michigan Journal of Law Reform, 2013
In this novel and important article, Professor Greene exposes an inconspicuous, categorically wrong movement within anti discrimination law. Federal courts have denied Title VII protection to individuals who allege “categorical discrimination,” people who suffer differential treatment because they were misidentified as belonging to a protected group. Under these guidelines, a self-identified Christian who experiences discrimination because she is misperceived as a Muslim, say, cannot assert an actionable claim under Title VII. In these cases, discriminating actions are seen as beyond the scope of Title VII protections. Professor Greene advances a rigorous, well-reasonsed, and convincing cases adjuring that the judicially created prerequisites to Title VII protection are misguided because they impose an unnecessary “actuality requirement” on Title VII plaintiffs who unambiguously suffered differential treatment.
Sociology and Social Studies, Harvard University
|Eviction and the Reproduction of Urban Poverty
American Journal of Sociology 118 (2012): 88-133
In his article, Professor Desmond combines a rich array of empirical evidence to generate novel insights into the role of civil law and procedure (housing law) in reproducing racial inequality and deepening urban poverty. This study combines statistical and ethnographic analyses based on court records of roughly 30,000 eviction cases, in-person surveys of 251 tenants appearing in eviction court, and a year of ethnographic fieldwork among evicted tenants and their landlords in Milwaukee, Wisconsin to assess the frequency, mechanisms, and consequences of eviction. Recent research on race, racism and law emphasizes the impact of criminalization and incarceration on the life chances of men from impoverished black neighborhoods, yet Desmond’s study illustrates that eviction has become the corollary, common-place and socially disintegrative sanction facing women from these same neighborhoods. This richly layered analysis is impressive for both its analytic rigor and practical contributions. His findings compel us to "think differently about old problems," including the role of civil law and legal processes in reproducing racial inequality and generational urban poverty. As he writes, “even laws intended to protect the city’s most defenseless renters can have unintended negative consequences and are rendered impotent against the cold face of severe deprivation in the low-income housing sector.” Viewed alongside the more documented and inter-twined consequences of racialized criminal sanctions, this study provides a deeper and rather daunting but ultimately constructive understanding of the role of law in the social organization of enduring inequality.
New York University
Haiti, Free Soil, and Antislavery in the Revolutionary Atlantic
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
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|