Skip to Main Content
Seton Hall Law

Anti-Racist Pedagogy in Law Schools: Advice and Assistance for Faculty

A guide aimed at faculty and staff to engage with anti-racist pedagogical resources.

Introduction

The below articles and books are all linked and can be read through the Rodino Center Library Catalog, or requested if the book is not available. You may be asked to log in with your SHU email and password, or via institution in OpenAthens.

Anti-Racism in the Classroom

Antiracist Teaching by Robert P. Amico

  •  Antiracist Teaching is about awakening students to their own humanity. In order to teach about this awakening one must be in the process of awakening oneself. The author shares personal anecdotes to illustrate the kinds of changes he experienced as a result of his anti-racist teaching.

Culturally Responsive Pedagogy: Teaching Like Our Students' Lives Matter by Sheryl Taylor

  • Views culturally responsive teaching as a contextual and situational process for both teachers and students--the students--including those who are from a diversity of languages, cultures, racial/ethnic backgrounds, religions, economic resources, interests, abilities, and life experiences.

Racialized Interactions in the Law School Classroom: Pedagogical Approaches to Creating a Safe Learning Environment by Erin C. Lain

  • Law in the United States, whether explicitly or implicitly, serves as a racebased system of rights and privileges. Historically race was explicit in our legal system; it dictated who could be a citizen, who had the right to contract or be protected by laws, and who had the right to vote.

Race Talk and the Conspiracy of Silence by Derald Wing Sue 

  • Learn to talk about race openly, honestly, and productively. Most people avoid discussion of race-related topics because of the strong emotions and feelings of discomfort that inevitably accompany such conversations. Rather than endure the conflict of racial realities, many people choose instead to avoid the topic altogether, or remain silent when it is raised. Race Talk and the Conspiracy of Silence: Understanding and Facilitating Difficult Dialogues on Race puts an end to that dynamic by sharing strategies for smoothing conversations about race in a productive manner.

Race, Equity, and the Learning Environment: The Global Relevance of Critical and Inclusive Pedagogies in Higher Education by Frank Tuitt

  • At a time of impending demographic shifts, faculty and administrators in higher education around the world are becoming aware of the need to address the systemic practices and barriers that contribute to inequitable educational outcomes of racially and ethnically diverse students. Focusing on the higher education learning environment, this volume illuminates the global relevance of critical and inclusive pedagogies (CIP), and demonstrates how their application can transform the teaching and learning process and promote more equitable educational outcomes among all students, but especially racially minoritized students.

 ReImagining Equality by Nancy E. Dowd

  • Drawing on interdisciplinary research, the book demonstrates that black boys encounter challenges and barriers that funnel them toward failure rather than developmental success. Their example exposes a broader reality of hierarchies among students, linked to government policies, practices, structures, and institutions. Dowd argues for a new legal model of developmental equality, grounded in the real challenges that children face on the basis of race, gender, and class.

Understanding and Teaching the Civil Rights Movement by Hasan Kwame Jeffries

  • Books in the popular Harvey Goldberg Series provide high school and introductory college-level instructors with ample resources and strategies for better engaging students in critical, thought-provoking topics. By allowing for the implementation of a more nuanced curriculum, this is history instruction at its best. Understanding and Teaching the Civil Rights Movement will transform how the United States civil rights movement is taught.

Vulnerable Populations and transformative law Teaching: A critical Reader by Society of American Law Teachers

  • These essays provide glimpses into teaching moments, both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law. This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice.

White Out: A Guidebook for Teaching and Engaging with Critical Whiteness Studies by Jennifer Beech

  • White Out: A Guidebook for Teaching and Engaging with Critical Whiteness Studies is designed to orient readers to the history and purpose of CWS, to key concepts and legal cases, and to established and newer texts and resources. For educators wishing to include CWS in their workshops or courses, this guidebook also includes pedagogical resources ranging a sample syllabus to sample assignments and student texts to advice for structuring a dialogic workshop or classroom.

Integrating doctrine and diversity : inclusion and equity in the law school classroom by Nicole Dyszlewski, Raquel J Gabriel, Suzanne Harrington-Steppen, Anna C B Russell, and Genevieve B Tung (Eds)

  • Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum. Chapters will focus on subjects traditionally taught in the first-year curriculum (Civil Procedure, Constitutional Law, Contracts, Legal Writing, Legal Research, Property, Torts) and each chapter will also include a short annotated bibliography curated by a law librarian. With submissions from over 40 scholars, the collection is the first of its kind to offer reflections, advice and specific instruction on how to integrate issues of diversity and inclusions into first-year doctrinal courses.

Thinking, Talking and Teaching on Race: Derrick Bell’s Space Traders by Katheryn Russell-Brown

  •   This paper describes and evaluates a writing exercise for an upper level criminal justice course. A hypothetical scenario is used to broach and encourage thoughtful discussion on race and crime. Use of the hypothetical allows students to openly consider issues of race, crime, and criminal justice and the intersections between these areas.

Toward a Race-Conscious Pedagogy in Legal Education by Kimberle Williams Crenshaw

  • Minority students across the country have waged a series of protests to draw attention to problems of diversity in the nation's law schools. Although the students' bottom line demand is often for the recruitment of more minority faculty and students, the anger and frustration apparent in these protests indicate that the disappointment is not simply over the lack of "color" in the hallways.2 The dissatisfaction goes much deeper-to the substantive dynamics of the classroom and their particular impact on minority students.

Anti-racist pedagogy: from faculty’s self-reflection to organizing within and beyond the classroom by Kyoko Kishimoto

  • This article is a synthesis of my own work as well as a critical reading of the key literature in anti-racist pedagogy. Its purpose is to define anti-racist pedagogy and what applying this to courses and the fullness of our professional lives entails. I argue that faculty need to be aware of their social position, but more importantly, to begin and continue critical self-reflection in order to effectively implement anti-racist pedagogy.

Law School in a Different Voice by Melissa Murray

  • Reflections on the progress that women have made in the legal profession over the last fifty years, while also considering areas of concern for women’s professional representation. A further discussion on efforts to create a more inclusive culture within the legal academy and the profession.

 How to Practice Antiracism in Law Schools by Mihal Ansik

  • Law school culture demands that we go to class already knowing the answers, that we speak with authority regardless of our understanding, and that we never risk being wrong. Anti-racism invites the opposite – show up ready to listen and learn, show up with humility and without defensiveness and show up as you are.

Cultural Competency Training: Preparing Law Students for Practice in Our Multicultural World by Serena Patel

  • This Article advocates for increased cross-cultural competency training for lawyers. With increasing diversity in society and among future lawyers, it is necessary for lawyers to be able to effectively communicate and create trusting relationships with clients from a variety of cultures and backgrounds. This Article recommends that a seminar be offered in law schools to develop and practice cross-cultural skills in line with The Five Habits: Building Cross-Cultural Competence in Lawyers, developed by Professors Susan Bryant and Jean Koh Peters. Implementation of the proposed seminar would help prepare law students to be culturally competent, successful lawyers.

Papercuts: Hierarchical Microaggressions in Law Schools by Ruan, Nantiya in Hastings Women's Law Journal 31 Hastings Women's L.J. (2020)

  • This Article investigates law schools as locations of workplace fairness by examining their hierarchical structure and the power dynamics at work.

Reproducing racism: white space, elite law schools, and racial inequality by Wendy Leo Moore, 2008

  • Law schools serve as gateway institutions into one of the most politically powerful social fields: the profession of law. Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.

Professional identity crisis: race, class, gender, and success at professional schools by Carrie Yang Costello, 2005

  • The author spent over 400 hours observing how first-year students are socialized in two very different environments, Boalt School of Law and the School of Social Welfare at UC Berkeley, watching how they adapted to different expectations of how to speak, dress, and behave in the classroom. Her research showed that the disproportionate success of white men can be explained by the fact that they are more likely to acquire appropriate professional identities swiftly, with little inner conflict, while students from less privileged backgrounds, however, suffered from "identity dissonance.

Incorporating Social Justice into the 1L Legal Writing Course: A Tool for Empowering Students of Color and of Historically Marginalized Groups and Improving Learning by Crichton, Sha-Shana in Michigan Journal of Race & Law 24 Mich. J. Race & L. (2018-2019)

  • Incorporating issues of social justice into the first-year legal writing course benefits all students by equipping them with the knowledge and practical skills to address issues of social injustice and to affect social change. Incorporating issues of social justice into the first-year legal writing course has the added benefit of contributing to a learning environment that permits law students of color and of historically marginalized groups to learn more successfully by reducing stress, altering their perception of control over psychosocial stressors, building positive emotions, increasing confidence, and motivating them to learn.

The Culturally Proficient Law Professor: Beginning the Journey by Boles, Anastasia M. in New Mexico Law Review 48 N.M. L. Rev. (2018)

  • This articles examines threshold steps individual law faculty members can take to begin the journey of delivering culturally proficient instruction to law students and engaging in culturally proficient student interactions. First, law professors can use culturally proficient instruction to deconstruct the culture of marginalization in law schools and reconstruct a culture of racial inclusion.  Second, culturally proficient instruction redistributes responsibility among all law faculty, not only law faculty of color, to create a  culture of racial inclusion in the law school environment. Finally, using the cultural proficiency paradigm in legal education empowers law professors to teach cultural proficiency throughout the curriculum; moreover, as law teachers model cultural proficiency in engaging students, law students learn cultural proficiency skills in engaging one another and will continue to learn when they engage their future clients. By focusing on threshold strategies in this Article, the author means to encourage law teachers to focus first on the important "inside out" endeavor of cultural transformation before making outward changes to their classroom environments. This article then builds upon the foundation of cultural proficiency to discuss three initial strategies for individual law faculty: (a) seeking training on cultural proficiency mitigating unconscious behaviors, and (c) recognizing and reducing microaggressions. Once a law teacher begins the work of becoming a culturally proficient instructor, the internal changes will begin to reflect outward in his student interactions and classroom instruction.

A Pedagogy of Anticapitalist Antiracism: Whiteness, Noeliberalism, and Resistance in Education by Zachary A. Casey

  • Through an analysis of whiteness, capitalism, and teacher education, A Pedagogy of Anticapitalist Antiracism sheds light on the current conditions of public education in the United States. Educators will find important insights into the ways that the history of white racial identity and capitalism in the United States impact our present reality in schools.