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Identity capitalists: The powerful insiders who exploit diversity to maintain inequality. By Nancy Leong. Palo Alto: Stanford University Press, 2021. 240 pp. $28.00 paperback

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Identity capitalists: The powerful insiders who exploit diversity to maintain inequality. By Nancy Leong. Palo Alto: Stanford University Press, 2021. 240 pp. $28.00 paperback

Published online by Cambridge University Press:  01 January 2024

Meera E. Deo*
Affiliation:
Southwestern Law School, Los Angeles, California Law School Survey of Student Engagement, Bloomington, Indiana American Bar Foundation, Chicago, Illinois, USA
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Abstract

Type
Book Reviews
Copyright
© 2022 Law and Society Association.

A glance through the newspapers, at the television, or around campus confirms the ongoing significance of race, gender, and other identity characteristics. Whether doom scrolling information about the pandemic, celebrating pioneering judicial appointments, or protesting anti-Asian hate, our world and worldview are shaped by our personal identities, which in turn shape our environment.

Nancy Leong's Identity Capitalists enters the scene to provide a fresh take on how individuals and institutions leverage identity for their own benefit. She introduces us to a novel theory, defines original terms, and provides dozens of examples to explain her thesis. This book provides both depth and breadth while managing to be intellectual as well as accessible. This combination of academic insight plus readability make it equally well suited to an undergraduate ethnic studies course, a graduate level sociological discussion of racial theory, or your neighborhood book club.

The book defines identity capitalism as “efforts by ingroup members to benefit from outgroup members” (p. 3) and asserts that the actions of identity capitalists are “all show and no substance” (p. 186). Though her theoretical construct may initially seem daunting, Professor Leong brings it to life through engaging illustrations drawn from personal experience, popular culture, and political events. Ultimately, you realize that you have known identity capitalists your whole life. Until now, you may not have had a name for them. But you have known people who do the right things for the wrong reasons. Or who act (and it is an act) to show how “woke” they are, not because they value action. We learn, chapter by chapter, how identity capitalists make choices based on who is watching and for their own gain.

Each chapter in Professor Leong's timely book examines various contours of identity capitalism. She begins with the familiar example of “Fake Diversity.” We all have seen a university homepage or glossy brochure with pictures depicting a United Nations-style campus, despite actual low percentages of students of color. Applying a theory of identity capitalism to this scene helps us analyze the university administrators (the ingroup, largely white and institutionally powerful) using images of the few students of color on campus (the outgroup, with little power) for the purpose of touting success with diversity to attract more applicants (a positive image and increased tuition dollars being the main benefits).

Professor Leong reveals how identity capitalism existed during slavery and infected the suffragist movement. One chapter considers its root causes, explaining how ingroup members use their relationship with outgroup members to signal their acceptance of those who are different. Of course, “It's not enough to have a nonwhite friend; other people have to know you have a nonwhite friend” (p. 73). Thus, the performative aspect of identity capitalism remains at the forefront.

We also learn about identity entrepreneurs, defined as “individuals who leverage their outgroup identity to benefit themselves” (p. 84). Examples range from Sarah Palin to the stars of the hit show Queer Eye. Each has recognized that while their devalued identity (being a woman, queer, etc.) casts them into an outgroup, they can leverage their background for their own benefit by working with powerful ingroup actors. Although Professor Leong asserts that being an identity entrepreneur is not negative per se, she notes significant harmful consequences. For instance, women who willingly exploit gender stereotypes of how to dress, behave, or speak reinforce patriarchal norms because their actions both confirm these stereotypes and result in their application to other women. This “linked fate”—how “the behavior of some outgroup members inevitably affects other outgroup members” (p. 107)—means that what one person surrenders to get ahead is actually a sacrifice borne by the entire outgroup.

The greatest socio-legal contributions are in chapters titled, “Unequal Protection,” and “The Law of Identity Capitalism.” In the first, the author explores how antidiscrimination law cannot protect against identity capitalism (any better than it recognizes intersectionality (Reference CrenshawCrenshaw, 1989)), and may even promote it. Fascinating themes are introduced here, each worthy of further development by Professor Leong or the scholars who will apply her theoretical concepts to their own scholarship. Why does a perpetrator sharing the same identity background as the complainant relieve a bad actor of responsibility (as if women cannot discriminate against women)? How do ingroup members wield power over identity entrepreneurs (who mobilize their identity to get ahead and so must conform to expected behaviors)? The subsequent chapter applies identity capitalism to contemporary legal topics. For instance, we are pushed to ponder: Are anti-affirmative action efforts more palatable to the mainstream when whites claim Asian Americans are the injured party? While others have posed similar questions (Reference HarpalaniHarpalani, 2022), the identity capitalist framework brings the incentives into stark relief. In fact, I found myself applying identity capitalism to both my research (including a piece on how elites use the term “BIPOC” to performatively signal allyship (Reference DeoDeo, 2021)) and life experiences (including interactions with white friends). I suspect after reading Identity Capitalism, you will do the same.

While the book is peppered with barriers associated with identity capitalism, it also provides a road map for progress. Professor Leong proposes a four-step process to push us further from the performative aspects of identity capitalism and pull us closer to substantive equality. Her conclusion makes clear that this directive applies not only to institutions but also to individuals. How do we get there? Be honest: address underlying issues rather than applying superficial fixes. Apologize sincerely and do better, rather than making excuses. Educate your own ingroups (we all have them) to avoid falling into the identity capitalism trap. And finally, be authentic. After all, building meaningful diversity on campus is the best way to represent it in a photo.

References

REFERENCES

Crenshaw, Kimberlé. 1989. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” University of Chicago Legal Forum 1989: 139-67.Google Scholar
Deo, Meera E. 2021. “Why BIPOC Fails.” Virginia Law Review Online 107: 115-42.Google Scholar
Harpalani, Vinay. 2022. “Asian Americans, Racial Stereotypes, and Elite University Admissions.” Boston University Law Review 170: 282307.Google Scholar