Strategic Litigation for Racial Justice

(Formerly Law 715B) Recent events in our country have dramatically highlighted the fact that we are not a post-racial society, and that structural racism and implicit bias are as harmful to people and institutions as intentional discrimination. Currently, plaintiffs can only show a violation of the Equal Protection Clause of the 14th Amendment - and several other antidiscrimination laws - by proving intentional discrimination. This seminar will examine this "intent standard" and its significant barriers to racial justice litigation. The course will review social science research, including studies on implicit bias, racial anxiety, stereotyping, and other concepts, to explore how contemporary discrimination manifests. We will address how legal advocates and the law can utilize such research to challenge and remedy discrimination through strategic litigation. We will examine real-world examples of this, including in the context of school discipline and the school-to-prison pipeline. Meeting dates: This class will meet on three Fridays, October 21, October 28 and November 4. Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Written assignments (reflection papers) and class participation.