"Millions of Americans do not recognize their problems can be solved through legal tools. Law democratized offers a blueprint for expanding access to legal help for all regardless of resources. Building upon more than a decade of research about innovation in legal services around the globe, the book features stories of what works and what doesn't to craft a series of recommendations for solving the justice crisis"--

Trauma-Informed Law According to the authors of Trauma-Informed Law: A Primer for Lawyers Resilience and Healing,  “a key concept for trauma-informed lawyering is the shift that has occurred, …

In this edition of Behind the Bindings, discover tools that you can use for researching Black history in the Law Journal Library!

This post is a detour from my series on section 3 of the Canadian Charter of Rights and Freedoms and the Superior Court of Justice and Court of Appeal Working Families decisions (see here and here (SCJ) and here (ONCA)). (See those posts here, here, here and here). In this post I provide some thoughts […]

Who is Robert Morris:     Born in Salem Massachusetts in 1825, Neither Morris, his siblings, nor his parents were enslaved. This foundatio...

This week we are joined by LexisNexis' Chief Inclusion and Diversity Officer and Head of Global Talent Development, Ronda Bazley Moore. Ronda and a team

This blog post, part 2 in a series, discusses the coram nobis proceeding relating to Fred Korematsu's earlier conviction as a nisei prisoner of a Japanese internment camp in the United States during WWII.

Zanelle Brown | Many states and local municipalities, as well as private businesses, will close up shop in observation of the new federal holiday, Juneteenth.

Become a Patron! This searchable database includes 900+ law-related documents on the Coronavirus, Racism, and the law. It does not include news articles. It was updated with 57 additional documents on January 31, 2023. Documents were gathered through an electronic database search using the following search terms: (COVID-19 or coronavirus)...

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

In this episode, Mike talks about race, both in America generally and the legal system specifically. He uses the story of Italian internment in World War II to explore the idea of "otherness." Out of preferences and perceptions, as well as a history of identifying white culture with professionalism, the legal industry has created a context that's hostile to African Americans. Resolving that distance will only come after first owning our ugly history.   Episode Resources Connect with Mike Whelan    White Lawyering by Russell G Pearce:   Why the US Needs Black Lawyers:   Police killings can be captured in data. The terror police create cannot.   Thomas Schelling, Micromotives and Macrobehavior:  

Why would Clarence Darrow—a lawyer famous for representing the little guy—take a case that meant defending a wealthy, racist murderer? What did he risk? In this episode, Mike talks about racism, power, and moral flexibility in lawyering. There is a cost to losing the values that drove us to law, and Clarence Darrow paid it. Episode Resources Connect with Mike Whelan:    The Lawyer Forward Facebook group:   The Island Murder (a PBS documentary about the Thalia Massie Affair):   Honor Killing: Race, Rape, and Clarence Darrow's Spectacular Last Case:  

Kathryn Rubino talks to Lia Dorsey, newly elected President of the Association of Law Firm Diversity Professionals, and Director of Diversity and Inclusion at Dentons, about Biglaw's response to the violent deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery, and to Black Lives Matter. Episode Resources     Episode Highlights A difficult topic - 1:13 Tangible actions behind words - 2:34 Lia’s role and Biglaw’s role - 3:20 All the firms' different statements - 4:25 Lia’s piece of advice for law firms - 7:20 The culture of a firm - 9:13 An opportunity for the firms’ leaders - 10:06 Everybody has a role to play - 11:42 How we can move forward - 14:11 Having access to money and resources - 18:49 Promoting diversity - 19:57 Nobody has the right answer right now - 23:36   Subscribe, Share and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Follow on Leave a review on

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.

Compiled resources from Harvard Law Review.

"Race Racism And The Law considers race racism and racial distinctions in the law. It examines the role of domestic and international law in promoting and/or alleviating racism. This website makes law review scholarship (and related material) more accessible to community activists students and non-legal faculty."

"This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery segregation the Holocaust and other human tragedies the idea of "race" can perpetuate prejudices and misconceptions and serve as justification for systematic persecution. "Race" suggests that human beings can be divided into subspecies some of which are morally and intellectually inferior to others. The law has important symbolic and expressive value and is often efficacious as a force that shapes public ideology. Consequently it must undermine the notion that "race" is a legitimate mechanism by which to categorize human beings. Furthermore the focus on rigid "racial" classifications obfuscates political discussion concerning affirmative action scientific research and social inequities. When we speak of "racial" diversity discrimination or inequality it is unclear whether we are referring to color socioeconomic status continent of origin or some other factor. Because the term "race" subsumes so many different ideas in people's minds it is not a useful platform for social discourse."

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judgeshave dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor ofemployees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer.Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas showin Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favorsemployers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware ofhow the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employmentdiscrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

""Sensing Injustice: A Lawyer's Life in the Battle for Change" combines Michael Tigar's wry legal and societal observations with his analysis of landmark civil rights and international justice cases on which he, as an attorney, worked . The result is a narrative that blends law, history, and progressive politics"--

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--

"The Emergency Detention Act, Title II of the Internal Security Act of 1950, is the only law in American history to legalize preventive detention. It restricted the freedom of a certain individual or a group of individuals based on actions that may be taken that would threaten the security of a nation or of a particular area. Yet the Act was never enforced before it was repealed in 1971. Masumi Izumi links the Emergency Detention Act with Japanese American wartime incarceration in her cogent study, The Rise and Fall of America's Concentration Camp Law. She dissects the entangled discourses of race, national security, and civil liberties between 1941 and 1971 by examining how this historical precedent generated "the concentration camp law" and expanded a ubiquitous regime of surveillance in McCarthyist America. Izumi also shows how political radicalism grew as a result of these laws. Japanese Americas were instrumental in forming grassroots social movements that worked to repeal Title II. The Rise and Fall of America's Concentration Camp Law is a timely study in this age of insecurity where issues of immigration, race, and exclusion persist"--The publisher's description

"The landmark Brown v. Board of Education case was the start of a long period of desegregation, but Brown did not give a road map for how to achieve this lofty goal; it only provided the destination. In the years that followed, the path towards the fulfillment of this vision for school integration was worked out in the courts through the efforts of the Civil Rights Division of the US Department of Justice. One of the major cases on this path was Lee v. Macon County Board of Education (1967). Revolution by Law traces the growth of Lee v. Macon County from a simple school desegregation case in rural Alabama to a decision that paved the way for ending state imposed racial segregation of the schools in the Deep South. Author Brian Landsberg began his career as a young attorney working for the Civil Rights Division of the DOJ in 1964, the year after the lawsuit was filed that would lead to the Lee decision. As someone personally involved in the legal struggle for civil rights, Landsberg writes with first-hand knowledge of the case. His carefully researched study of this important case argues that private plaintiffs, the United States executive branch, the federal courts, and eventually Congress each played important roles in transforming the South from the most segregated to the least segregated region of the United States. The Lee case played a central role in dismantling Alabama's official racial caste system, and the decision became the model both for other statewide school desegregation cases and for cases challenging conditions in prisons and institutions for mentally ill people. Revolution by Law gives readers a deep understanding of the methods used by the federal government to desegregate the schools of the Deep South"--

Fred Korematsu, Iva Toguri (alias Tokyo Rose), Japanese Peruvians, and five thousand Americans who renounced their citizenship under duress: Rebel Lawyer tells the story of the key cases pertaining to the World War II incarceration of 120,000 people of Japanese ancestry and the trial attorney who defended them. Wayne Collins made a somewhat unlikely hero. An Irish American lawyer with a volatile temper, Collins s passionate commitment to the nation's constitutional principles put him in opposition to not only the United States government but also groups that acquiesced to internment such as the national office of the ACLU and the leadership of the Japanese American Citizens League. Through careful research and legal analysis, Charles Wollenberg takes readers through each case, and offers readers an understanding of how Collins came to be the most effective defender of the rights and liberties of the West Coast s Japanese and Japanese American population. Wollenberg portrays Collins not as a white knight but as a tough, sometimes difficult man whose battles gave people of Japanese descent the foundation on which to construct their own powerful campaigns for redress.

A compelling study of a subtle and insidious form of racial inequality in American law and culture. Why does racial equality continue to elude African Americans even after the election of a black president? Liberals blame white racism while conservatives blame black behavior. Both define the race problem in socioeconomic terms, mainly citing jobs, education, and policing. Roy Brooks, a distinguished legal scholar, argues that the reality is more complex. He defines the race problem African Americans face today as a three-headed hydra involving socioeconomic, judicial, and cultural conditions. Focusing on law and culture, Brooks defines the problem largely as racial subordination-"the act of impeding racial progress in pursuit of nonracist interests." Racial subordination is little understood and underacknowledged, yet it produces devastating and even deadly racial consequences that affect both poor and socioeconomically successful African Americans. Brooks addresses a serious problem, in many ways more dangerous than overt racism, and offers a well-reasoned solution that draws upon the strongest virtues America has exhibited to the world.

The essays in this volume illuminate a central paradox in the post-colonial West: race remains a potent index of social, economic and political inequality even while racial discrimination has become unlawful, even anathema. The standard account of this paradox is that racial discrimination and inequality are unfortunate vestiges of the past, which an enlightened legal system is now engaged in extirpating. These essays reveal a different story: equality law preserves racial inequality even while denouncing it. The authors show how in country after country, legal rules define racism so narrowly and make racial discrimination so difficult to prove that inequality persists despite its symbolic extinction. This ground-breaking volume of English-language essays, aimed at academics and researchers, shows how critical race theory, an analytic approach developed in the United States, can shed light on the workings of race in political-legal systems as diverse as South Africa, New Zealand, France and Latin and South America.

"Law school coursebook on law and the Japanese internment"--

Winner of the 1998 Robert F. Kennedy Book Award Grand Prize "An original, wise and courageous work that moves beyond sterile arguments and lifts the discussion of race and justice to a new and more hopeful level."--Arthur Schlesinger, Jr. In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. 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. "An admirable, courageous, and meticulously fair and honest book."--New York Times Book Review "This book should be a standard for all law students."--Boston Globe

"This blisteringly candid discussion of the American dilemma in the age of Trump brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these leading lights of the legal profession and the fight for racial justice talk about the importance of reclaiming the racial narrative and keeping our eyes on the horizon as we work for justice in an unjust time. Covering topics as varied as "the commonality of pain," "when lawyers are heroes," and the concept of an "equality dividend" that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Ifill, Lynch, Stevenson, and Thompson also explore topics such as "when did 'public' become a dirty word" (hint, it has something to do with serving people of color), "you know what Jeff Sessions is going to say," and "what it means to be a civil rights lawyer in the age of Trump." Building on Stevenson's hugely successful Just Mercy, Lynch's national platform at the Justice Department, Ifill's role as one of the leading defenders of civil rights in the country, and the occasion of Thompson's launch of a new center on race, inequality, and the law at the NYU School of Law, A Perilous Path will speak loudly and clearly to everyone concerned about America's perpetual fault line."--Amazon.com.

The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system--but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status. Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law: - Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973) - Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001) - Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974) - Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997) - Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996) - Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997) - Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964) With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.