Law and Race Commons^™

The Urban Talented Tenth: Race, Higher Education, And The Law Of Opportunity, Walter A. Jean-Jacques

Marquette Benefits and Social Welfare Law Review

This Article reexamines W.E.B. Du Bois’s theory of the “Talented Tenth” through the lens of contemporary African American males in urban educational contexts. Drawing on historical origins, critical race theory, and modern jurisprudence surrounding higher education, it argues that law and policy have systematically overlooked those who form what this Article terms the “Urban Talented Tenth.” These students, often lacking traditional markers of privilege, navigate structural inequities while achieving academic excellence. By situating their experiences against the backdrop of landmark Supreme Court cases such as Brown v. Board of Education, Regents of the University of California v. Bakke, Grutter v. …

Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 01-28-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Rwu Law Honorees Recognized With National Aals Award For Integrating Doctrine And Diversity Initiative 12-10-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Wake Up: How Application Of Garcetti To Public Educator Speech Harms Educators And Students Through The Lens Of Florida's Individual Freedom Act, Lindsay Mccarthy

St. John's Law Review

(Excerpt)

Nearly twenty of the nation’s states have enacted some kind of law that limits the teaching of controversial topics like race, gender, and politics. Within the last three years, these laws have become more commonplace as social movements like Black Lives Matter and #MeToo have brought topics like systemic racism and gender inequality to the nation’s attention. As the country becomes more polarized, state legislatures—typically conservative ones—have resorted to these censorship laws to fight back against the perceived indoctrination of children. The state that has gained the most notoriety for such laws is Florida. In 2022, Florida passed a …

Law School News: Rwu Law Faculty Honored With National Award For Advancing Diversity In Legal Education 05-22-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

The Wellness Connection February 2025, Roger Williams University School Of Law Office Of Student Life

Life of the Law School (1993- )

No abstract provided.

Retrenchment By Diversion: The New Politics Of Parental Rights, Mary Ziegler, Maxine Eichner, Naomi Cahn

Michigan Law Review

For the past century, the Supreme Court has repeatedly affirmed the importance of parents’ rights to direct their children’s upbringing and education. Yet suddenly the rhetoric of parental rights is being used to ground a broad range of claims on issues such as what can be taught in public schools, when minors can access gender-affirming care, or who will be punished for helping minors travel for abortion care. Why have parental-rights claims surged so visibly in contemporary law and politics? And are all the new arguments made under the banner of parental rights equally rooted in constitutional precedent?

This Article …

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

An Argument For A Right To Education For Undocumented Youth In Light Of Daca’S Uncertain Future, Minnie Blackman

Indiana Journal of Law and Social Equality

Undocumented youth are facing increasingly difficult circumstances in which to integrate into U.S. society both socially and economically. A primary reason for this phenomenon is the current antagonistic sentiments surrounding the Deferred Action for Childhood Arrivals (DACA) program. These sentiments have created a lack of trust in this program, with fewer undocumented youth applying for DACA status, which would allow many of them to apply to public colleges and universities at in-state tuition rates. Previous research has implied that state laws have the potential to create a property interest in education, and, as such, it must be protected from arbitrary …

How White Supremacy Travels Through Time: Anti-Literacy Laws, Dei Bans, And The Issue Of Black Self-Determination In Public Health., Nicole V. Ford

Electronic Theses and Dissertations

This dissertation used a qualitative policy content analysis (PCA) of historical anti-literacy laws and modern DEI bans to answer two research questions: What is the connection between anti-literacy laws and DEI bans? How do anti-literacy laws and DEI bans create an environment that maintains white supremacy? A PCA exercise informed the analysis of historical anti-literacy laws in South Carolina (1834), Georgia (1829), North Carolina (1830), Louisiana (1830), Virginia (1831), and Alabama (1833) and modern DEI bans in Texas (2023), Alabama (2024), and Florida (2023) to find the connection between the laws. Findings from this dissertation illustrate how white supremacy operates …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Law School News: Disrupting Legal Education For Equity 11-19-2024, Danna Lorch

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Receives $750,000 Gift From Hassenfeld Family Foundation To Strengthen Law School's Regional Impact And Reputation 11-13-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.

During the seven-decade Great Migration of the 20^th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …

When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro

Washington and Lee Journal of Civil Rights and Social Justice

Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Champions For Justice 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Deny, Defund, And Divert: The Law And American Miseducation, Janel A. George

Georgetown Law Faculty Publications and Other Works

Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund public schools disproportionately attended by Black children, and divert many Black educators away from the public education system. This Article draws a through-line between laws enacted to prevent desegregation in the aftermath of the Brown v. Board of Education ruling—an era known as massive resistance—and recently …

Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman

Seattle University Law Review

The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Critical Race Theory Model Measure And Implementation In Curriculum, Taifha Natalee Alexander, Ahilan Arulanantham

Faculty Publications

(Excerpt)

This memorandum aims to explain the purpose of the following model measure. The proposed legislation would preserve the freedom of teachers to teach—and students to learn—about racism, including its history and on-going effects in this country. It does this by providing a framework through which state governments can encourage the teaching and learning of Critical Race Theory ("CRT") principles as a lens through which to teach and learn about racial inequality in America, its history, and its current manifestations, to enhance K-12 public school curricula.

We believe the model measure should be of interest to a broad range of …

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia

University of Miami Race & Social Justice Law Review

No abstract provided.

Thurgood Marshall Memorial Lecture 9-13-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda

Georgetown Law Faculty Publications and Other Works

A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural …

The Buffalo Model: An Approach To Aba Standard 303(C)'S Exploration Of Bias, Cross Cultural Competency, And Antiracism In Clinical & Experiential Law, Kim Diana Connolly, Elisa Lackey

Journal Articles

This Article offers an early analysis of ABA Standard 303(c) following its recent adoption in 2022. ABA Standard 303(c) requires that law schools “shall provide education law students on bias, cross-cultural competency, and racism.” The Author suggests that 303(c) formalizes what many clinical educators have already been teaching: inclusion, justice, and belonging. Following the 2020 shootings of George Floyd and Breonna Taylor, many law schools have revisited their diversity, equity, and inclusion programming and implemented various new initiatives and training. Despite current efforts, the Author notes that planning and resources will need to be allocated toward compliance efforts in order …