Law and Race Commons^™

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, “Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other.” The primary planners and hosts for the conference were clinical teachers and programs in the Northeast, but participants came from around the country to talk about the importance of addressing race, gender and class in this moment of black lives mattering. They wanted to talk about the way that these issues of race, gender and class had always been …

Special Education Law And Practice: Cases And Materials (2016), Deborah N. Archer, Richard D. Marsico

Books

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.

Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson

Law School Blogs

No abstract provided.

"Just Another Little Black Boy From The South Side Of Chicago": Overcoming Obstacles And Breaking Down Barriers To Improve Diversity In The Law Professoriate, Michael Z. Green

Faculty Scholarship

As I reflected on my personal experience to help address the persistence of discrimination in legal academia, I chose to focus on five areas of discussion for the open mic portion of the program held at the Association of American Law Schools Cross-Cutting Program, “The More Things Change ...: Exploring Solutions to Persistent Discrimination in Legal Academia,” held on January 4, 2015, in Washington, D.C. First, I decided to address my personal development as an only child and male in a family of mostly black women struggling through the socioeconomic challenges of being poor and black. To add to that …

Trajectory Of A Law Professor, Meera E. Deo

Michigan Journal of Race and Law

Women of color are already severely underrepresented in legal academia; as enrollment drops and legal institutions constrict further, race and gender disparities will likely continue to grow. Yet, as many deans and associate deans, most of whom are white, step down from leadership positions during these tumultuous times in legal education, opportunities have arisen for women of color to fill those roles in record numbers. However, there are individual and structural barriers preventing access to the leadership level. Significant hurdles have long prevented women of color from entering law teaching. Thus, this Article provides evidence to support the thesis that …

Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti

Nevada Law Journal

No abstract provided.

Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus

Northwestern University Law Review

No abstract provided.

Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes

Northwestern University Law Review

No abstract provided.

The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …

'Truth And Reconciliation': A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Angela Mae Kupenda, Tamara F. Lawson

Journal Articles

In this Article, the co-authors confront one of the next generation issues for underrepresented groups in legal education: what happens after tenure victories, especially for the victors in a war wrought with gender and racial inequities? Even if all is fair in love, war, and tenure battles, it remains most troubling when, even in this century, acts of racial and/or gender aggression are targeted at qualified tenure candidates. These violations of the "tenure rules of engagement" based on implicit or explicit racial or gender bias preserve discriminatory practices that impact underrepresented groups and maintain the status quo in the academy …

Foreword: Reflections On Our Founding, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

No abstract provided.

Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Publications

No abstract provided.

Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …

Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran

Faculty Scholarship

Angela Harris has written eloquently about the creative tensions that define her as a person, a teacher, and a scholar. She has explored the challenges of maintaining a private identity when called upon to share her life experience with a public audience, whether in the classroom, at a conference, or in an essay. She has reflected on the ways in which legal teaching privileges reason over emotion, wondering whether this dynamic impoverishes the exchange of ideas and undervalues the joy that can motivate a caring advocate. And, she has explored the dialectic between identity politics and the structural forces that …

A History Of Struggle: Nccu School Of Law Library, Deborah Mayo Jefferies

North Carolina Central Law Review

No abstract provided.

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing

Journal Articles

Presumed Incompetent was produced thanks to the vision and commitment of its editors: Dr. Gabriella Gutiérrez y Muhs, Dr. Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. This symposium came to fruition because the Berkeley Journal of Gender, Law & Justice invited the two law professor editors, Professor Harris and Professor González, to convene a distinguished group of scholars from Canada and the United States to expand and deepen the conversation initiated by the book. The very successful day-long symposium and the publication of the resulting articles were made possible by the resources, time, and dedication provided by …

The Story Behind A Letter In Support Of Professor Derrick Bell, Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Margaret E. Montoya, Natsu Taylor Saito, Nareissa L. Smith, Tanya Washington

Publications

Professor Derrick A. Bell, Jr. had a long and proud history of disturbing authority. He is widely noted as one of the founders of Critical Race Theory. His scholarship on race was not only a direct challenge to the traditionally conservative legal academy, but also to the more liberal bastions within the academy, such as the Critical Legal Studies movement. His writings about the role of race in American law have made him one of the most prominent legal scholars of a generation.

However, Professor Bell did not merely write about racial injustices. He was willing to take risks to …

Foreword: A Tribute To Margaret Montoya, Rachel F. Moran

Faculty Scholarship

Dean Moran provides opening remarks to the Chicana/o-Latina/o Law Review symposium, "Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia."

Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.

The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod

University of Michigan Journal of Law Reform

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …

On Derrick Bell As Pioneer And Teacher: Teaching Us How To Have The Nerve, Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.

Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart

Publications

Each time that the continued legality of race-conscious affirmative action is threatened, colleges and universities must confront the possibility of dramatically changing their admissions policies. Fisher v. University of Texas, which the Supreme Court will hear this year, presents just such a moment. In previous years when affirmative action has been outlawed by ballot initiative in specific states or when the Court has seemed poised to reject it entirely, there have been calls for replacing race-conscious admissions with class-based affirmative action. Supporters of race-conscious affirmative action have typically criticized the class-based alternative as ineffective at maintaining racial diversity. This …

Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza

Faculty Scholarship

In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …

Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson

UMKC Law Review

No abstract provided.

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …