Whiteness in the Twenty-First Century
In this chapter, I examine the extent to which one-drop ideology continues to dictate the legal definition of whiteness. The following questions serve as the basis of my research: 1) How do “white,” “mixed race or colored,” and the “one-drop rule” operate as ideographs in post-civil rights legal discourse? 2) Has the codification of the one-drop rule and whiteness been severed in contemporary legal discourse? To address the first research question, I use an ideographic analysis to examine legal briefs from the Malone Brothers and Mary Walker cases. To address my second research question, I complete a content analysis of state and/or federal court cases, 12 involving racial identity from 1980 to 2012, thereby demonstrating that a dramatic shift occurs in how white and mixed race are defined in the language endorsed by court justices.