Ian Haney López, the John H. Boalt Professor of Law at the University of California, Berkeley explains ways race is a social construct. He uses examples from history of how race was socially constructed and interpreted. One such example was of the Hudgins v. Wright case. A slave woman sued for her freedom and the freedom of her two children on the basis that her grandmother was Native American. The race of the Wright had to be socially proven, and neither side could present enough evidence. Since the slave owner Hudgins bore the burden of proof, Wright and her children gained their freedom. López uses this example to show the power of race in society. Human fate, he argues, still depends upon ancestry and appearance. Race is a powerful force in everyday life. These races are not determined by biology though, they are created by society to keep power with the majority. He describes that there are not any genetic characteristics that all blacks have that non-whites do not possess and vice versa. He uses the example of Mexican. It truly is a nationality, yet it has become a catch-all for all Hispanic nationalities. This simplification is wrong, López argues, for it is not only inaccurate but it tends to treat all "Mexicans" as below fervent Americans. He describes that "More recently, genetic testing has made it clear the close connections all humans share, as well as the futility of explaining those differences that do exist in terms of racially relevant gene codes" (Lopez 199–200). Those differences clearly have no basis in ethnicity, so race is completely socially constructed.
