James Whitman
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James Q. Whitman is an American lawyer and
Ford Foundation The Ford Foundation is an American private foundation with the stated goal of advancing human welfare. Created in 1936 by Edsel Ford and his father Henry Ford, it was originally funded by a $25,000 (about $550,000 in 2023) gift from Edsel Ford. ...
Professor of Comparative and Foreign Law at
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
.


Biography

Whitman is the son of investor and philanthropist
Martin J. Whitman Martin J. Whitman (September 30, 1924
September 05, 1993
– April 16, 2018) was an ...
. He also has a sister,
Tony Award The Antoinette Perry Award for Excellence in Broadway Theatre, more commonly known as a Tony Award, recognizes excellence in live Broadway theatre. The awards are presented by the American Theatre Wing and The Broadway League at an annual ce ...
-winning producer Barbara Whitman. He graduated from Yale University with a BA in 1980 and a JD in 1988, from
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
with a MA in 1982, and from the
University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...
with a PhD in 1987. He was a
Guggenheim Fellow Guggenheim Fellowships are grants that have been awarded annually since by the John Simon Guggenheim Memorial Foundation, endowed by the late Simon and Olga Hirsh Guggenheim. These awards are bestowed upon individuals who have demonstrated d ...
. In 2015, he was awarded a doctorate honoris causa by the
Catholic University of Leuven University of Leuven or University of Louvain (; ) may refer to: * Old University of Leuven (1425–1797) * State University of Leuven (1817–1835) * Catholic University of Leuven (1834–1968) * Katholieke Universiteit Leuven or KU Leuven (1968 ...
Whitman's 2017 book, ''Hitler's American Model: The United States and the Making of Nazi Race Law'', received wide coverage in the news and academia. Whitman demonstrates the extent to which US racial laws (
Jim Crow laws The Jim Crow laws were U.S. state, state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced Racial segregation in the United States, racial segregation, "Jim Crow (character), Ji ...
,
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protectio ...
legal doctrine) influenced the
Nazi Regime Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a totalitarian dictat ...
in formulating the
Nuremberg Laws The Nuremberg Laws (, ) were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of the Nazi Party. The two laws were the Law ...
of September 1935. The leading Nazi student of US racial laws was Heinrich Krieger, a jurist who studied at the
University of Arkansas School of Law The University of Arkansas School of Law is the law school of the University of Arkansas in Fayetteville, Arkansas, a State university system, state university. It has around 445 students enrolled in its Juris Doctor (J.D.) and Master of Law (LL.M ...
in 1933–34. There, he researched how laws across the US segregated and disenfranchised Native Americans,
African Americans African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa ...
, and other disfavored groups like including Asians,
Filipinos Filipinos () are citizens or people identified with the country of the Philippines. Filipinos come from various Austronesian peoples, all typically speaking Filipino language, Filipino, Philippine English, English, or other Philippine language ...
and
Puerto Ricans Puerto Ricans (), most commonly known as Puerto Rico#Etymology, Boricuas, but also occasionally referred to as '':es:Anexo:Gentilicios de Puerto Rico#Lista general, Borinqueños'', '':es:Anexo:Gentilicios de Puerto Rico#Lista general, Borincan ...
. Krieger wrote the memorandum relied upon at the meeting June 1934 in which the Nazi racial laws, known as the Nuremberg Laws, were hashed out. Just as the Jim Crow Laws prohibited and criminalized intermarriage between Whites and Blacks, though as his book points out these types of laws existed in 30 states, many outside of the Jim Crow south. So the Nuremberg Laws prohibited marriages with Jews and threatened punishment. The Nazis departed little from their US model except insofar as that they found it too severe. The so-called one-drop rule, classified as non-white anyone with even a single ″
Negro In the English language, the term ''negro'' (or sometimes ''negress'' for a female) is a term historically used to refer to people of Black people, Black African heritage. The term ''negro'' means the color black in Spanish and Portuguese (from ...
″ ancestor. This was disturbing even to National Socialist policymaker, who shuddered at the ‘human hardness’ it entailed. According to the Nuremberg Race Laws, a ″full Jew″ was only someone who had three or four Jewish grandparents; there were also – in National Socialist terminology – ″half Jews″ and ″quarter Jews″, but they were not affected by the same discrimination. In 2017, he was elected a Fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
(AASS).


Works

* * *
"The Two Western Cultures of Privacy: Dignity versus Liberty"
'' Yale Law Journal'', Vol. 113, April 2004 * ''The Legacy of Roman Law in the German Romantic Era: Historical Vision and Legal Change'', Princeton University Press, 1990,
''Hitler's American Model: The United States and the Making of Nazi Race Law''
Princeton University Press, 2017,
Why the Nazis studied American race laws for inspiration
''
Aeon The word aeon , also spelled eon (in American and Australian English), originally meant "life", "vital force" or "being", "generation" or "a period of time", though it tended to be translated as "age" in the sense of "ages", "forever", "timele ...
'', 13 December 2016


References

{{DEFAULTSORT:Whitman, James American lawyers Yale University faculty Stanford Law School faculty Columbia Graduate School of Arts and Sciences alumni University of Chicago alumni Yale Law School alumni Living people Year of birth missing (living people) Yale Law School faculty