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

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.

Civil Procedure Stories by Kevin M. Clermont

• This book is a collaborative effort by 14 law school professors to provide a deeper understanding of leading civil procedure cases. The professors each authored a short chapter on one of the cases, retelling the case in their own voice and by their own method. Each chapter contains sections on social and legal background of the case.

Diversity Matters: Judicial Policy Making in the U.S. Courts of Appeals by Susan B. Haire, Laura P. Moyer (2015)

• Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts.

Poor Justice: How the Poor Fare in the Courts by Vicki Lens

• Poor Justice: How the Poor Fare in the Courts provides a vivid portrait and appraisal of how the lives of poor people are disrupted or helped by the judicial system, from the lowest to the highest courts.

Critical Procedure by Roy L. Brooks,

• This book on legal theory and civil procedure helps law students understand and apply Critical Theory to a core course within the law school curriculum. Clarifying the theory in Critical Race Theory, Critical Feminist Theory, and the growing number of "outsider" stances against the received tradition, the author challenges the widely held view that criticalists are a monolithic group of legal scholars who present an imminent danger to American law.  Raising the question of whether federal procedure (including Federal Rules of Civil Procedure) would be different today if the views of people of color and women were consciously and systematically taken into account, Critical Procedure adds intellectual richness and awareness to the fields of civil procedure and legal theory.

Visions of Contract Theory: Rationality, Bargaining, and Interpretation by Larry A. DiMatteo

• The theories of contract law selected for coverage include law and economics, behavioral decision theory, inequality of bargaining power, law as interpretation (idealism), and critical legal theory. Chapter 9 explores the major tenets of Critical Legal Studies, Critical Race Theory, and Feminist Legal Theory. Chapter 9 also acts as a capstone chapter in that it incorporates much of the analysis provided in the earlier chapters. New theoretical insights into more specific areas of interest are provided, such as the problems of rational choice theory, bargaining power, theory of interpretation, and the use of contextualism as a positive methodology of critical legal theory.

Civic Ideals: Conflicting Visions of Citizenship in U.S. History by Rogers M. Smith

• Is U.S. citizenship the product of multiple traditions—not only liberalism and republicanism but also white supremacy, Anglo-Saxon supremacy, Protestant supremacy, and male supremacy? In this powerful and disturbing book, Rogers Smith traces political struggles over U.S. citizenship laws from the colonial period through the Progressive era and shows that throughout this time, most adults were legally denied access to full citizenship, including political rights, solely because of their race, ethnicity, or gender.

Give Us the Ballot: The Modern Struggle for Voting Rights in America by Ari Berman

• In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional.

On Account of Race: The Supreme Court, White Supremacy, and the Ravaging of African American Voting Rights by Lawrence Goldstone

• Award-winning constitutional law historian, Lawrence Goldstone examines case-based evidence to reveal the court's longstanding support for white supremacy (often under the guise of "states rights") and how that bias has allowed the court to solidify its position as arguably the most powerful branch of the federal government.

One Person, No Vote: How Voter Suppression is Destroying Our America by Carol Anderson

• Carol Anderson, in One Person, No Vote, chronicles a history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.

The Voting Rights War by Gloria J. Browne-Marshall

• The Voting Rights War tells the story of the courageous struggle to achieve voting equality through more than one hundred years of work by the NAACP at the Supreme Court. Readers take the journey for voting rights from slavery to the Plessy v. Ferguson case that legalized segregation in 1896 through today's conflicts around voter suppression. The NAACP brought important cases to the Supreme Court that challenged obstacles to voting: grandfather clauses, all-White primaries, literacy tests, gerrymandering, vote dilution, felony disenfranchisement, and photo identification laws.

Critical Race Realism: Intersections of Psychology, Race, and Law by Gregory S. Parks

• Building on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.

Locking Up Our Own: Crime and Punishment in Black America by James Forman Jr.

• In recent years, America’s criminal justice system has become the subject of an increasingly urgent debate. Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness, rev. ed. by Michelle Alexander

• In this incisive critique, former litigator-turned-legal-scholar Michelle Alexander provocatively argues that we have not ended racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community--and all of us--to place mass incarceration at the forefront of a new movement for racial justice in America.

Policing the Black Man: Arrest, Prosecution, and Imprisonment by Angela J. Davis, ed.

• Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process from arrest through sentencing. The co-authors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court's failure to provide meaningful remedies for the injustices in the criminal justice system.

Policing the Planet: Why the Policing Crisis Led to Black Lives Matter by Christina Heatherton

• This book, combining first-hand accounts from organizers with the research of eminent scholars and contributions by leading artists, traces the global rise of the "broken-windows" style of policing, first established in New York City under Police Commissioner Bill Bratton, a doctrine that has vastly increased and broadened police power and contributed to the contemporary crisis of policing that has been sparked by notorious incidents of police brutality and killings.

Race, Crime and the Law by Randall Kennedy

• Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.

Rectify: The Power of Restorative Justice After Wrongful Conviction by Lara Bazelon

• In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years - sometimes decades - and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person.

The Rise of Big Data Policing by Andrew Guthrie Ferguson

• This is a glimpse into a future where software predicts future crimes, algorithms generate virtual "most-wanted" lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.

Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System by Alec Karakatsanis

• From an award-winning civil rights lawyer, a profound challenge to our society’s normalization of the caging of human beings, and the role of the legal profession in perpetuating it.

Black and Blue: How African Americans Judge the U.S. Legal System by James L. Gibson; Michael Nelson

• The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate.

Convicting the Innocent: Where Criminal Prosecutions Go Wrong by Brandon L. Garrett

• DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing.

Critical Race Realism: Intersections of Psychology, Race, and Law by Gregory S. Parks

• Building on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.

Hard Bargains: The Coercive Power of Drug Laws in Federal Court by Mona Lynch

• The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts.

Jim Crow's Last Stand: Nonunanimous Criminal Jury Verdicts in Louisiana by Thomas Aiello

• A remnant of the racist post-Reconstruction Redeemer sociopolitical agenda, Louisiana’s nonunanimous jury-verdict law permitted juries to convict criminal defendants with only nine, and later ten, out of twelve votes: a legal oddity. On the surface, it was meant to speed convictions. In practice, the law funneled many convicts—especially African Americans—into Louisiana’s burgeoning convict lease system. Although it faced multiple legal challenges through the years, the law endured well after convict leasing had ended. Jim Crow’s Last Stand was one of the first attempts to call attention to the historical injustice caused by this law.

Race, Crime, and the Law by Randall Kennedy

• Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.

Sentencing Fragments: Penal Reform in America, 1975-2025 by Michael H. Tonry

• In Sentencing Fragments, Michael Tonry explains what needs to be done to rebuild just systems of sentencing and punishment, and how to do it. This book tells the story of sentencing policy changes since 1975, examines research findings concerning their effects, and explains what does and does not work. Beyond calling attention to the devastating effects on the lives of the poor and disadvantaged and the latest empirical evidence, Tonry identifies the common moral theories behind criminal sentencing--as well as their larger assumptions about human nature--and discusses the ways in which different theories have bred very different sentencing policies.

The Rise of Big Data Policing by Andrew Guthrie Ferguson

• This is a glimpse into a future where software predicts future crimes, algorithms generate virtual "most-wanted" lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.

 Education Law: Equality, Fairness and Reform by Derek Black

• Unlike casebooks that zero in on the first amendment or bureaucratic aspects of education law Education Law: Equality, Fairness, and Reform stays focused on equality and civil rights issues. Individual chapters on each area of inequality explore race, poverty, gender, disability, homelessness, and language status.

 Educational Policy and the Law by Yudof et al.

• This comprehensive casebook presents thorough coverage of a complex and dynamic subject--educational law and policy in the elementary and secondary school setting. With an emphasis on the interplay between law and policy, legal decisions, and educational practice, the book's interdisciplinary approach provides a wide range of perspectives on the most pressing issues in the field. The book draws upon a range of social science sources as well as conventional legal materials, offering analyses that provide insights into the political and policy contexts of legal issues, and helping readers make sense of legal decisions.

Education Law, Policy, and Practice: Cases and Materials (Aspen Casebook) by Michael J. Kaufman

• Challenging students to question the political and philosophical assumptions underlying the law, Education Law, Policy, and Practice promotes a depth of understanding about the key cases and statutes. The authors integrate the law with policy and practice, following related political, financial, and practical issues. The law is presented through a teachable mix of key cases and materials on the practice and political aspects of school law, and an effective macro organization helps place topics into an integrated framework.

Bad Boys: Public Schools in the Making of Black Masculinity (Law, Meaning, And Violence) by Ann Arnett Ferguson

• Statistics show that black males are disproportionately getting in trouble and being suspended from the nation's school systems. Based on three years of participant observation research at an elementary school, Bad Boys offers a richly textured account of daily interactions between teachers and students to understand this serious problem. Ann Arnett Ferguson demonstrates how a group of eleven- and twelve-year-old males are identified by school personnel as "bound for jail" and how the youth construct a sense of self under such adverse circumstances.

Black and Blue: The Origins and Consequences of Medical Racism by John Hoberman

• Black & Blue is the first systematic description of how American doctors think about racial differences and how this kind of thinking affects the treatment of their black patients. The standard studies of medical racism examine past medical abuses of black people and do not address the racially motivated thinking and behaviors of physicians practicing medicine today. Black & Blue penetrates the physician’s private sphere where racial fantasies and misinformation distort diagnoses and treatments.

Critical Perspectives on Racial and Ethnic Differences in Health in Late Life by Norman B. Anderson

• In their later years, Americans of different racial and ethnic backgrounds are not in equally good--or equally poor--health. There is wide variation, but on average older Whites are healthier than older Blacks and tend to outlive them. But Whites tend to be in poorer health than Hispanics and Asian Americans. This volume documents the differentials and considers possible explanations.

Dying While Black by Vernellia Randall

• Dying While Black makes connections between white privilege, racism, slavery and Black health outcomes.

Eliminating Healthcare Disparities in America by Richard Allen Williams

• In Eliminating Healthcare Disparities in America, Dr. Richard Allen Williams assembles the very best scholars on healthcare disparities to raise the public consciousness of this issue. These experts provide the benefits of their experience and expertise as a resource for helping others to make judicious determinations about how to proceed in efforts to improve the disparities in American healthcare. Arranged into discrete categories, this volume contains comprehensive coverage, both historical and current, of the healthcare disparity crisis currently plaguing our country in hopes of leading us all to a brighter future.

Ethnicity, Health and Health Care: Understanding Diversity, Tackling Disadvantage by Waqar I. U. Ahmad

• This volume considers the implications of national and international social, political, and economic realities for health and health care provision to minority ethnic groups. Addresses continuity and change in debates on ethnicity, health, and health care Considers the implications of national and international social, political, and economic realities for health and health care provision to minority ethnic groups

Killing the Black Body by Dorothy Roberts

• This is a no-holds-barred response to the liberal and conservative retreat from an assertive, activist, and socially transformative civil rights agenda of recent years--using a black feminist lens and the issue of  the impact of recent legislation, social policy, and welfare "reform" on black women's--especially poor black women's--control over their bodies' autonomy and their freedom to bear and raise children with respect and dignity in a society whose white mainstream is determined to demonize, even criminalize their lives.

Race and Medicine in Nineteenth-and Early-Twentieth-Century America by Todd Savitt

• In Race and Medicine historian Todd Savitt presents revised and updated versions of his seminal essays on the medical history of African Americans in the late nineteenth and early twentieth centuries, especially in the South. This collection examines a variety of aspects of African American medical history, including health and illnesses, medical experimentation, early medical schools and medical professionals, and slave life insurance.

Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care by Smedley, Brian D.

• In Unequal Treatment, a panel of experts documents this evidence and explores how persons of color experience the health care environment. The book examines how disparities in treatment may arise in health care systems and looks at aspects of the clinical encounter that may contribute to such disparities. Patients' and providers' attitudes, expectations, and behavior are analyzed.

Algorithms of Oppression: How Search Engines Reinforce Racism by Safiya Umoja Noble

• In Algorithms of Oppression, Safiya Umoja Noble challenges the idea that search engines like Google offer an equal playing field for all forms of ideas, identities, and activities. Data discrimination is a real social problem; Noble argues that the combination of private interests in promoting certain sites, along with the monopoly status of a relatively small number of Internet search engines, leads to a biased set of search algorithms that privilege whiteness and discriminate against people of color, specifically women of color.

Evicted: Poverty and Profit in the American City by Matthew Desmond

• Matthew Desmond, a Harvard sociologist, gives readers insight into some of Milwaukee’s poverty-stricken neighborhoods in his new book, Evicted: Poverty and Profit in the American City. He introduces readers to families who are experiencing eviction on a regular basis because most of their income is spent on rent. Desmond’s years of research, living in these neighborhoods and getting to know the tenants and their landlords, help bring to light the answers to some important questions, hoping to bring solutions to a problem that is unique to America.

Family Properties: How the Struggle Over Race and Real Estate Transformed Chicago and Urban America by Beryl Satter

• In Satter's riveting account of a city in crisis, unscrupulous lawyers, slumlords, and speculators are pitched against religious reformers, community organizers, and an impassioned attorney who launched a crusade against the profiteers. At the heart of the struggle stand the black migrants who, having left the South with its legacy of sharecropping, suddenly find themselves caught in a new kind of debt peonage. Satter shows the interlocking forces at work in their oppression: the discriminatory practices of the banking industry; the federal policies that created the country's shameful "dual housing market"; the economic anxieties that fueled white violence; and the tempting profits to be made by preying on the city's most vulnerable population.

Integrating Spaces: Property Law & Race by Alfred L. Brophy

• Integrating Spaces: Property Law and Race enables you to seamlessly integrate historical and contemporary issues of race and ethnicity into your Property syllabus alongside your casebook. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law. Integrating Spaces: Property Law and Race provides a dynamic social, historical, and doctrinal context for teaching property law with nearly 30 new and provocative cases.

Korngold and Morriss' Property Stories, 2d (Law Stories) by Gerald Korngold

• This title provides a law student with an enriched understanding of fifteen leading property cases. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the cases have attained noteworthy status. The volume is suitable for adoption as a supplement in a first-year property course, or as a text for an advanced seminar.

Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership by Keeanga-Yamahtta Taylor

• Race for Profit uncovers how exploitative real estate practices continued well after housing discrimination was banned. The same racist structures and individuals remained intact after redlining's end, and close relationships between regulators and the industry created incentives to ignore improprieties. Meanwhile, new policies meant to encourage low-income homeownership created new methods to exploit Black homeowners.

The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein

• In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation—that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.

The Measure of Injury: Race, Gender, and Tort Law by Martha Chamallas

• In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.

General

• Kevin R. Johnson, Integrating Racial Justice into the Civil Procedure Survey Course, Journal of Legal Education Vol. 54, No. 2 (June 2004).
• Suzette Malveaux, A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights, 92 Wash. U. L. Rev. 455 (2014).

Access to Courts

• Brooke D. Coleman, The Vanishing Plaintiff, 42 Seton Hall L. Rev. 501 (2012).
• Rebecca L. Sandefur, Access to Civil Justice and Race, Class, and Gender Inequality, 34 Ann. Rev. Soc. 339 (2008).
• Roy L. Brooks, Conley and Twombly: A Critical Race Theory Perspective, 52 How. L.J. 31 (2008).
• Victor D. Quintanilla, Beyond Common Sense: A Social Psychological Study of Iqbal’s Effect on Claims of Race Discrimination, 17 Mich. J. Race & L. 1 (2011).
• Victor D. Quintanilla, Critical Race Empiricism: A new Means to Measure Civil Procedure, 3 U.C. Irvine L. Rev. 187 (2013).

Class Actions

• A. Benjamin Spencer, Class Actions, Heightened Commonality, and Declining Access to Justice, 93 B.U.L. Rev. 441.
• Allen R. Kamp, The History Behind Hansberry v. Lee, 20 U.C. Davis L. Rev. 481 (1987).
• George A. Martinez, Race Discrimination and Human Rights Class Actions: The Virtual Exclusion of Racial Minorities from the Class Action Device, 33 J. Legis. 181 (2007).
• Suzette M. Malveaux, The Modern Class Action Rule: Its Civil Rights Roots and Relevance Today, 66 U. Kan. L. Rev. 325 (2017).

Judges v. Juries

• David Abrams et al., Do Judges Vary in Their Treatment of Race? 41 J. Legal Stud. 347 (2012).
• Jerry Kang et al., Implicit Bias in the Courtroom, 59 UCLA L. Rev. 1124 (2012).
• Kurt M. Saunders, Race and Representation in Jury Service Selection, 36 Duq. L. Rev. 49 (1997).
• Pat K. Chew & Robert E. Kelley, The Realism of Race in Judicial Decision Making: An Empirical Analysis of Plaintiffs' Race and Judges' Race, 28 Harv. J. Racial & Ethnic Just 91 (2012).

Summary Judgment

• Deseriee A. Kennedy, Processing Civil Rights Summary Judgment and Consumer Discrimination Claims, 53 DePaul L. Rev. 989 (2004).

General

• Deborah Zalesne & Deborah W. Post, Vulnerability in Contracting: Teaching First Year Law Students About Inequality and its Consequences (2010)
• Deborah Zalesne, Racial Inequality in Contracting: Teaching Race as a Core Value, 3 Colum. J. Race & L. 23 (2013).
• Emily M.S. Houh, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003).
• Emily M.S. Houh, Critical Race Realism: Re-Claiming the Antidiscrimination Principle Through the Doctrine of Good Faith in Contract Law, 66 U. Pitt. L. Rev. 455 (2005).
• Kellye Y. Testy, Whose Deal is it? Teaching about Structural Inequality by Teaching Contracts Transactionally, 34 U. Tol. L. Rev. 699 (2003).

General

• Frances Lee Ansley, Race and the Core Curriculum in Legal Education, 79 Cal. L. Rev. 1512-97 (1991).
• George Anastaplo, 'Racism,' Political Correctness, and Constitutional Law: A Law School Case Study, 42 S. Dak. L. Rev. 108-64 (1997).

Federalism

• Akhil Reed Amar, Race, Religion, Gender, and Interstate Federalism: Some Notes from History, 16 Quinnipiac L. Rev. 19 (1996).
• Guy-Uriel E. Charles & Luis Fuentes-Rohwer, Race, Federalism, and Voting Rights, 2015 U. Chi. Legal F. 152 (2015).

General

• Richard Delgado, "Rotten Social Background": Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation?, 3 Law & Ineq. 9-90 (1985)
• Richard H. McAdams, Present Bias and Criminal Law, 2011 U. Ill. L. Rev. 1607-632 (2011)

General

• Angela J. Davis, Prosecution and Race: The Power and Privilege of Discretion, 67 Fordham L. Rev. 13-68 (1998)
• David C. Baldus et al., McCleskey v. Kemp (1987): Denial, Avoidance, and the Legitimization of Racial Discrimination in the Administration of the Death Penalty in Death Penalty Stories 229-275 (John H. Blume & Jordan M. Steiker eds., 2009).
• David Harris, Racial Profiling in Reforming Criminal Justice: Policing 117-145 (Erick Luna ed., 2017)
• Dwight L. Greene, Abusive Prosecutors: Gender, Race & Class Discretion and the Prosecution of Drug-Addicted Mothers, 39 Buff. L. Ref. 737-802 (1991)
• James Forman Jr., Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, 87 N.Y.U. L. Rev. 21-69 (2012)
• Jody Armour, Where Bias Lives in the Criminal Law and Its Processes: How Judges and Jurors Socially Construct Black Criminals, 45 Am. J. Crim. L. 203 (2018)
• Katherine Judson, Bias, Subjectivity, and Wrongful Convictions, 50 U. Mich. J.L. Reform 779-794 (2017)
• Michael J. Klarman, The Racial Origins of Modern Criminal Procedure, 99 Mich. L. Rev. 48-97 (2000)
• Peter DeAngelis, Racial Profiling and the Presumption of Innocence, 43 Neth. J. Legal. Phil. 43-58 (2014)
• Thomas Ward Frampton, The Jim Crow Jury, 71 Vand. L. Rev. 1593 (2018)

General

• Dehon E, Weiss N, Jones J, Faulconer W, Hinton E, Sterling S. A Systematic Review of the Impact of Physician Implicit Racial Bias on Clinical Decision Making. Acad Emerg Med. 2017 Aug;24(8): 895-904
• Khiara M. Bridges, Implicit Bias and Racial Disparities in Health Care (American Bar Association)
• Stepanikova I, Oates GR. Perceived Discrimination and Privilege in Health Care: The Role of Socioeconomic Status and Race. Am J Prev Med. 2017;52(1S1): S86-S94. 
• Egede LE. Race, Ethnicity, Culture, and Disparities in Health Care. J Gen Intern Med. 2006;21(6): 667-669.
• Cobbinah SS, Lewis J. Racism & Health: A public health perspective on racial discrimination. J Eval Clin Pract. 2018 Oct;24(5): 995-998.
• Williams DR, Cooper LA. Reducing Racial Inequities in Health: Using What We Already Know to Take Action. Int J Environ Res Public Health. 2019;16(4):606. Published 2019 Feb 19.

General

• Adriane Kayoko Peralta, The Underrepresentation of Women of Color in Law Review Leadership Positions, 25 Berkeley La Raza L.J. 68, 85 (2015)
• Charles R. Calleros, The Spirit of Regina Austin’s Contextual Analysis: Exploring Racial Context in Legal Method and Writing Assignments and Scholarship, 34 J. Marshall L. Rev. 281 (2000)
• Lorraine Bannai & Anne Enquist, (Un)Examined Assumptions and (Un)Intended Messages: Teaching Students to Recognize Bias in Legal Analysis and Language, 27 Seattle U. L. Rev. 1 (2003-2004)
• Pamela Edwards & Sheilah Vance, Teaching Social Justice through Legal Writing, 7 Legal Writing: J. Legal Writing Inst. 63 (2001)
• Rosa Castello, Incorporating Social Justice into the Law School Curriculum with a Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017)

General

• Derrick Bell,  Racism: A Major Source of Property and Wealth Inequality in America, 34 Ind. L. Rev. 1261 (2001).
• Mapping Inequality: Redlining in New Deal America (University of Richmond, Digital Scholarship Lab)
• Mapping Prejudice: Visualizing the Hidden Histories of Race and Privilege in the Urban Landscape (University of Minnesota Libraries)
• Scott C. Burris et al., Legal Levers for Health Equity in Housing: A Systems Approach. Center for Public Health Law Research (last revised Dec. 5, 2019).
• Segregated Seattle (Seattle Civil Rights & Labor - Univ. of Washington) History Project
• Sheryll D. Cashin, Middle-Class Black Suburbs and the State of Integration: A Post-Integrationist Vision for Metropolitan America, 86 Cornell L. Rev. 729 (2001).
• Thomas W. Mitchell, From Reconstruction to Deconstruction: Undermining Black Landownership, Political Independence, and Community Through Partition Sales of Tenancies in Common, 95 Nw. U. L. Rev. 505 (2001).
• Whiteness as Property, Cheryl I. Harris (Harvard Law Review)

General

• Alberto Bernabe,  Do Black Lives Matter?  Race as a Measure of Injury in Tort Law, 18 The Scholar: St. Mary’s Law Review on Race and Social Justice (2015).
• Camille A. Nelson, Considering Tortious Racism, 9 DePaul Jnl. of Health Care Law (2005).
• Donald G. Gifford & Brian Jones, Keeping Cases from Black Juries: An Empirical Analysis of How Race, Income, Inequality, and Regional History Affect Tort Law, 73 Wash. & Lee L. Rev. 557 (2016).
• Jennifer Wriggins, Constitution Day Lecture: Constitutional Law and Tort Law: Injury, Race, Gender, and Equal Protection, 63 Maine L. Rev. 263 (2010).
• Jennifer Wriggins, Damages in Tort Litigation: Thoughts on Race and Remedies 1865-2007, 27 Review of Litigation 37 (2007).
• Jennifer Wriggins, Torts, Race, and the Value of Injury, 1900-1949, 49 How. L.  J. 99 (2005).
• Jennifer Wriggins, Toward a Feminist Revision of Torts, 13 Amer. U. J. of Gender, Soc. Pol’y & Law 139 (2005).
• Ronen Avraham & Kimberly Yuracko, Torts & Discrimination, 78 Ohio St. L. J. 3 (2017).
• Ronen Avraham & Kimberly Yuracko, Valuing Black Lives:  A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages, 106 Ca. L. Rev. 328 (2018).