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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p235875_index.html Direct Link: HTML Code:

Greene, Wendy. "Determining the Indeterminable: An Examination of Determining Race in Brazil for Purposes of Affirmative Action in Higher Education and Racial Determination Cases in the United States" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p235875_index.html>

Greene, W. , 2008-05-27 "Determining the Indeterminable: An Examination of Determining Race in Brazil for Purposes of Affirmative Action in Higher Education and Racial Determination Cases in the United States" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p235875_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: In light of the recent implementation of race-conscious affirmative action in the states of Rio de Janeiro, Sao Paulo, and Mato Grasso du Sol, determining who is Black has become a complex yet important undertaking in Brazil. Unlike in the United States, Brazilian judicial bodies have not prescribed formulaic criterion for determining race. Accordingly, the paper examines cases in which U.S. courts decided an individual’s Blackness or whiteness and the four main precepts used to make this determination: physical appearance; ancestry; community recognition; and racial performance. This discussion also illuminates the paradoxical nature of race—specifically Blackness and whiteness—in the Americas; race is contextual, subjective, and malleable yet simultaneously fixed, as constructs of Blackness and whiteness have transcended geography, time, ideology, and demography. Thus, the paper explores whether Brazilian arbiters can and should appropriate U.S. judicial methods when determining who is Afro-Brazilian for affirmative action purposes. The paper also examines African slavery in Brazil and the United States, highlighting the primary differences in slave law, demography and settlement and the influence of these dynamics on the creation of race and racial ideology. Yet, the paper demonstrates that despite the contrasts in demography, slave law, and ensuing racial ideology—“racial democracy” in Brazil and “racial purity” in the United States—the enslavement and subordination of Africans and their descendants spawned a common racial hierarchy and assembly of phenotypes designating Blackness and whiteness, which continue to shape current understandings of Blackness and whiteness and the individual condition in both countries.

Religion, Race and Caste: A comparative Study of Affirmative Action in the United States and India

Protecting Privacy: The European Union Institutions Maneuver For Dominance: A Case Study Examining the European Union (EU) Institutions in Action During the Passenger Name Records (PNR) Negotiations With the United States