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Race

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Items linked to this Legal Concept

Items with "Legal Concept: Race"
Title Description Class
Ozawa v. United States (1922) The Supreme Court found in Ozawa v. United States that Japanese immigrants were not eligible for naturalization, based on a contested category of whiteness. The case considered the meaning of "free white persons" from the 1906 Naturalization Act and whether factors like assimilability should be considered. While the court determined in Ozawa that the words "white person" were meant to indicate a person of the "caucasian race," the decision in U.S. v. Thind just months later stated that the word "caucasian" was meant to refer to the "common understanding" of race and not a scientific one.
Perez v. Sharp (1948) In this case, a 4-3 majority of the Supreme Court of California ruled that the state's ban on interracial marriage violated the 14th Amendment. It was the first of any state to strike down an anti-miscegenation law in the U.S, preceding Loving v. Virginia by almost 20 years.
Plessy v. Ferguson (1896) In Plessy v. Ferguson, the Supreme Court found that racial discrimination did not violate constitutional equal protection. This case established the principle of "separate but equal" which was overturned in 1965 by the decision in Brown v. Board of Education.
Poll Tax Receipt for Lee Carr (1955) An image of a poll tax receipt from Texas. Poll taxes were a tool to prevent Black people and poor people from voting, since the poll tax was often a significant percentage of someone's weekly income.
President Johnson's Commencement Address at Howard University: "To Fulfill These Rights" (1965) In this speech given to Howard University's 1965 graduating class, President Lyndon B. Johnson talks about the Civil Rights and Voting Rights Acts being passed as a result of the Civil Rights Movement and the long-lasting impacts of systemic racism.
Prigg v. Pennsylvania (1842) The case of Prigg v. Pennsylvania evaluated the legality of Pennsylvania's personal liberty laws. Margaret Morgan moved from Maryland to Pennsylvania after being granted her freedom. When relatives of her previous enslaver wanted to reclaim her, they sent Edward Prigg to Pennsylvania to find her. Pennsylvania courts found Prigg guilty of violating the state's personal liberty laws, but the Supreme Court ruled that the federal fugitive slave laws overrule state laws.
Proclamation 4417 - An American Promise (1976) This proclamation issued by President Gerald Ford confirmed the termination of Executive Order 9066, which had authorized the internment of Japanese-Americans during World War II.
Racial Violence at Rock Springs, Property Compensation, and "Indemnity" during Chinese Exclusion This teaching module investigates the legal concept of "indemnity" and property compensation in the wake of the Rock Springs Massacre, which targeted Chinese laborers in Wyoming Territory in 1885. When white miners attacked a Chinese labor community, Chinese survivors petitioned the New York consul and worked through diplomatic channels to demand redress. This module explores how the concept of "indemnity" relied on treaty obligations and was tied to property compensation during a moment when national legislation worked to further restrict Chinese immigration.
Re: DEI Programs Are Lawful Under Federal Civil Rights Laws and Supreme Court Precedent (2025) This memorandum from law professors across the United States explains how diversity, equity, and inclusion initiatives are legally defensible, in spite of the January 21, 2025, Executive Order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity."
Regents of the University of California v. Bakke (1978) Overturned by the Harvard and UNC v. Students for Fair Admissions decision, the Supreme Court in University of California v. Bakke ruled that college admissions were allowed to take race into account.
Rights of Black Men (1791) This commentary was written by Connecticut anti-slavery advocate Abraham Bishop in support of the Haitian Revolution. Bishop's work was printed in the Boston newspaper, The Argus.
Ritual on Admission of Indians to Full American Citizenship (1918) This set of instructions for conducting the Ritual on Admission of Indians to Full American Citizenship was produced by the Department of the Interior in 1918 so that such ceremonies could take place across the Western reservations. It includes the opening remarks from the Representative of the Department, followed by instructions for each participant to undergo to receive U.S. citizenship. There are separate instructions for men and women. The document reveals the centrality of performance during naturalization events for Native Americans.
Roberto Alvarez, et al. v. E. L. Owen, et al. (1931) This case was the first successful school desegregation case in the United States, decided fifteen years before Brown v. Board of Education. When the school board in Lemon Grove, California, attempted to build a separate school for students of Mexican origin, the court ruled that the segregation violated state laws which considered people of Mexican descent to be white.
Savanna's Act (2018) Savanna's Act (also known as the Missing and Murdered Indigenous Women Act) addressed federal and tribal jurisdictional cooperation concerning issues of violence and disappearance in the Native American community. The law is named after Savanna LaFontaine-Greywind, a member of the Spirit Lake Nation of North Dakota who was murdered in 2017. The act was signed into law in 2020.
Scott Act (1888) The Scott Act rejected the guarantee of free travel for Chinese people provided by the Angell Treaty of 1880. The act stated that Chinese laborers who left the U.S. would not be able to return.
Seamen's Protection Certificate for James Forten Dunbar (1810) Seamen's Protection Certificates were documents authorized by an act of Congress in 1796 to protect U.S. sailors from being impressed into the service of foreign navies. For Black Americans, they also served as a way to document their free status. This certificate was issued for James Forten Dunbar, a free man of mixed ancestry who spent a long career at sea as a sailor and sail-maker aboard merchant and naval vessels, including service in the U.S. Navy during the Civil War.
Selective Service Act (1917) This act authorized the U.S. government to raise a national army through compulsory enlistment via a draft. The military was segregated at the time of World War I, and Black soldiers were mostly relegated to labor roles.
Selective Training and Service Act (1940) This act authorized the U.S. government to raise a national army through compulsory enlistment via a draft. While the act prohibited discrimination based on race, the military was still segregated at the time of World War II, and Black soldiers were mostly relegated to labor roles.
Shelley v. Kraemer (1948) In this case, the Supreme Court ruled that the Equal Protection Clause of the Fourteenth Amendment prohibited the enforcement of restrictive covenants banning the purchase or occupation of property based on race. Shelley v. Kraemer was decided alongside Hurd v. Hodge, which held that the Civil Rights Act of 1866 prohibits judicial enforcement by D.C. courts of such restrictive covenants.
Smith v. Directors of Independent School Dist. of Keokuk (1875) In this case, the Iowa Supreme Court affirmed a lower court's ruling that the Keokuk school district could not refuse to admit a Black student based on race. Legal precedent for this case as set in the 1868 ruling in Clark v. Board of School Directors.
State of Iowa v. Katz (1949) In this case, the Iowa Supreme Court upheld a lower court's jury verdict that Katz Drug Store violated the civil rights of three Black patrons when workers refused to serve them at the store's soda fountain.
State of Missouri v. Celia (1855) In this case, eighteen-year-old Celia was convicted of murdering her enslaver. The case considered whether Celia was guilty of murder or if she could be acquitted due to self-defense from sexual assault. The court ruled that Celia's enslaved status prevented her from being eligible to protect herself, and she was sentenced to death.
Students for Fair Admission v. Harvard (2023) This Supreme Court case considered whether Harvard's admissions process violated Title VI of the Civil Rights Act. The Court decided that the race-based admissions system did not meet the strict scrutiny required to allow a race-based system, and held as unconstitutional the consideration of an applicant’s race as a factor in making an admissions decision that benefits diversity.
Studying the Missing and Murdered Indian Crisis Act of 2019 This bill was introduced to authorize the Government Accountability Office to collect data and study the crisis of missing and murdered Native Americans. It did not pass into law, but was a part of a broader legislative effort to bring awareness to murdered and missing Indigenous People.
Swann et al. v. Charlotte-Mecklenburg Board of Education et al. (1971) In this case, the Supreme Court addressed busing as a means of integrating schools. After a federal district court found that the North Carolina school system's zoning-based desegregation plan was ineffectual, the court appointed an expert to develop an alternative plan. The new plan required the busing of students to various schools in order to achieve desegregation, which the Supreme Court held as an acceptable "remedial technique" to that end. The decision was eventually abrogated in Belk v. Charlotte-Mecklenburg Board of Education (2002), where the court found that the previously instituted remedial techniques had been successful and were no longer necessary.