To better understand the sociolegal meaning of race talk within the context of race trials, this Essay proceeds in two parts. Part I revisits my own previous efforts to map the contours of race trials in light of the important scholarship collected here. Those efforts emphasize the significance of racial identity, racialized narrative, and other race-ing factors to legal representation, and extend here through the work of Brophy, Delgado, Lubet, and Jones, to American cultural and social history more broadly. Part II outlines new research directions for the continued mapping of race trials. Those directions point to normative objection, strategic exploitation, and procedural and substantive reintegration, here steered by the work of Chin, Chiang, and Park on immigration, Gross and de la Fuente on colonial culture, and Lee, Johnson, and Ingram on criminal justice reform. By obtaining a fuller appreciation of race, interracial conflict, and multiracial community, this sociolegal landscape analysis may help transform the current pedagogy and practice of civil rights and criminal law in legal education and in American courts.
“He is the Darkey with the Glasses On”: Race Trials Revisited
DOWNLOAD PDF | 91 N.C. L. Rev. 1497 (2013)