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Virtual Reality

Diary of a Mad Law Professor

By Patricia J. Williams

This article appeared in the March 25, 2002 edition of The Nation.

March 7, 2002

In my last column, I mentioned that most actual drug users are young white people, even though most of those "profiled" as drug users are people of color. Indeed, according to the Sentencing Project, 72 percent of all illegal drug users are white.

But profiling is further vexed by the eternal question of how one determines who is white and who is not. In today's diasporic world, racial identity or "whiteness" is less determined by lines of "blood" or descent than it once was in certain Southern states. Today, whiteness is more dominantly a matter of appearance, based on malleable aesthetic trends.

This point--the malleability of how we assign "race" to people--is certainly illustrated by the example of Noelle Bush, to whom I referred as white. I received much mail insisting that she is not in fact white but Latina "because her mother is." It's an interesting question, this: the potential tension between "actual" and actuarial determinations of race. But first, let us agree that although there is no biological reality of race, the force of race is a powerful if constantly negotiated sociocultural construction, and has been since colonial times. Second, allow me to sidestep for now the complex anthropology of whether being Latina is determined matrilineally, thus canceling out her conspicuous Puritan patrimony. Third, let us also agree that recent migrations from Latin America have increasingly complicated national demographics as historically inflected by Jim Crow laws. And so, while "Latina" seems to be used as a racial category when it comes to most compilations of criminal justice statistics (meaning brown people from south of the border, of mixed Spanish, African and Native American descent), the reality is that not all Latinos are people of color. Indeed, "Latino" is perhaps more accurately understood as a broad linguistic, regional and cultural category rather than a racial one.

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About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...

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