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Whiteness as Property

The concept that white racial identity was constructed and protected by law, conferring exclusionary benefits akin to property rights, and how it continues to shape racial inequality today.

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Jan 15, 2026
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What legal scholars mean by 'whiteness as property' and how that concept is used to analyze racial inequality?

Cheryl I. Harris’s phrase “whiteness as property” names a legal-theoretical argument that white racial identity was constructed and protected by law in ways that conferred exclusionary, transferable b...