Research & Academic Scholarship

"Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime however the following is a list of urgently-needed reforms compiled by a small group of law school faculty each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms are not intended as an entire agenda for what ought to happen around policing or what American policing should look like. Rather they offer immediate concrete steps federal state and local governments can take to address enduring problems in policing. The authors are scholars who are also deeply involved in the daily practice of policing and included among them are the Reporters for the American Law Institute's Principles of the Law: Policing which works with advisers from across the ideological spectrum in drafting high-level principles to govern policing though the recommendations here go beyond the scope of the ALI project."

"In her evocative masterpiece The Alchemy of Race and Rights published in 1991 Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power and the implications for social equality. It contained lessons extending beyond America's unique race history to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator—struggling from the inside using the tools and skills of practice to support the causes of identifiable communities and social movements."

"American jurisprudence and law have profoundly shaped defined and constrained the lives of Black people for over 400 years. Racial inequality has extremely deep roots in American society and our Constitution statutes court cases and regulations not only bear witness to this but are often the source of it. This timeline provides an overview of some of these laws beginning with the first known case marking the legal difference between Africans and Europeans in 1640 in Virginia and continuing with laws recently introduced in the wake of the killing of George Floyd and other Black Americans. While not exhaustive the timeline focuses on a number of key legal events and actions that have structured and systematized racism in America."

"Over the past two decades there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding discrimination inequality and more."

Lloyd Lionel Gaines applied to the University of Missouri School of Law in 1936. Despite an outstanding scholastic record, Gaines was denied admission based solely on the grounds that Missouri’s Constitution called for “separate education of the races.” Because Missouri had no public law school that admitted Black applications, state law required the state to pay Gaines’ tuition at public universities in Iowa, Kansas or Nebraska. Attorneys from the National Association for the Advancement of Colored People (NAACP) identified Gaines’ case as a good vehicle to begin the incremental process of challenging the ignominious precedent of “separate but equal” established in Plessy v. Ferguson in 1896. Together, they sued the University of Missouri seeking an order granting him admission to its Law School.