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Addressing Anti-Black Racism: Faculty and Clinical Contributions

Below is a comprehensive look at individual faculty contributions and clinical activities related to combating Anti-Black racism. For faculty and clinical contributions related to broad anti-racism work, click here. 

Faculty Contributions

Books

  • Mehrsa Baradaran, The Color of Money: Black Banks and the Racial Wealth Gap (2019).
  • Mehrsa Baradaran, How the Other Half Banks: Exclusion, Exploitation, and the Threat to Democracy (2018).

Journal Articles

  • Baradaran, Mehrsa, Banking On Democracy (May 21, 2020). Washington University Law Review, 2020, forthcoming; UC Irvine School of Law Research Paper No. 2020-44. Available at SSRN: https://ssrn.com/abstract=3607461
  • Linda S. Greene et al., Talking about Black Lives Matter and #MeToo, 34 Wis. J. L. Gender, & Soc’y 109–178 (2019).
  • Mehrsa Baradaran, Jim Crow Credit, 9 UC Irvine L. Rev. 887–952 (2018).
  • Mehrsa Baradaran, How the Poor Got Cut out of Banking, 62 Emory L.J. 483–548 (2012).

Articles in Mainstream Outlets

Media Mentions

Journal Articles

Presentations

  • “Do Algorithms Have Politics?” Perspectives Discussion Group on Algorithms of Oppression by Safiya Umoja Noble, Center on Law, Equality, and Race, University of California, Irvine School of Law, October 26, 2018, Irvine, California.

Events

  • Artificial Intelligence and Law Colloquium, Andrew Selbst (UCLA) "Disparate Impact in Big Data Policing" (Speaker) Monday, April 13, 2020.
  • Artificial Intelligence and Law Colloquium, Sonia Katyal  (UC Berkeley) "Private Accountability in the Age of AI" (Speaker) Monday, February 10, 2020.
  • Artificial Intelligence and Law Colloquium, Margaret Hu (Washington & Lee) "Algorithmic Jim Crow" (Speaker) Monday, January 13, 2020

Events

  • Incorporating Environmental Justice and Anti-Racism into California Agency Processes (Research Project and Workshop Roundtable with Alyse Bertenthal and Melissa Kelly).
  • CLEANR/CLEAR, What the Eyes Don't See: Mona Hanna-Attisha Book Talk (Speaker/Lecture: Single), Wednesday, January 23, 2019

Journal Articles

  • Bryant G. Garth & Joyce S. Sterling, Diversity, Hierarchy, and Fit in Legal Careers: Insights from Fifteen Years of Qualitative Interviews, 31 Geo. J. Legal Ethics 123–174 (2018).
  • Bryant G. Garth & Joyce Sterling, Exploring Inequality in the Corporate Law Firm Apprenticeship: Doing the Time, Finding the Love Symposium: Empirical Research on the Legal Profession: Insights from Theory and Practice, 22 Geo. J. Legal Ethics 1361–1394 (2009).

Books

  • Michele Goodwin, Policing the Womb: Invisible Women and the Criminalization of Motherhood (2020).
  • The Global Body Market: Altruism’s Limits, (Michele Goodwin ed., 2013).
  • Michele Goodwin, Imagining, Writing, (Re)reading the Black Body (2009).
  • Michele Goodwin, Black Markets: The Supply and Demand of Body Parts (2006).

Book Chapters

  • Michele Goodwin, Race, Religion, and Masculinity, in Law, Religion, and Health in the United States 387–398 (Elizabeth Sepper, Holly Fernandez Lynch, & I. Glenn Cohen eds., 2017).
  • Michele Goodwin & Naomi Duke, Health Law, in Implicit Racial Bias across the Law 95–112 (Justin D. Levinson & Robert J. Smith eds., 2012).
  • Michele Goodwin, Citizenship and Race, in Encyclopedia of Race and Racism 315–321 (John Hartwell Moore ed., 2008).
  • Michele Goodwin & David E. Guinn, Bioethical Entanglements of Race, Religion, and AIDS, in Handbook of Bioethics and Religion (David E. Guinn ed., 2006).
  • Michele Goodwin, GENDER, RACE, & MENTAL ILLNESS: THE CASE OF WANDA JEAN ALLEN, in CRITICAL RACE FEMINISM (Adrien Katherine Wing ed., 2nd ed. 2003).

Journal Articles

  • Michele Goodwin, The Crisis of Democracy in Healthcare: An Introduction, 45 American Journal of Law & Medicine 99–105 (2019).
  • Michele Goodwin, The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, 104 Cornell L. Rev. 899–990 (2018).
  • Michele Goodwin, Revisiting Death: Implicit Bias and the Case of Jahi McMath, 48 Hastings Center Report S77–S80 (2018).
  • Michele Goodwin & Erwin Chemerinsky, Pregnancy, Poverty and the State Review, 127 Yale L. J. 1270–1335 (2017).
  • Michele Goodwin, Naomi Duke & Jaime Allgood, Sex, Drugs, & HIV: Mass Incarceration’s Hidden Problem 2016 Symposium Articles, 16 Hous. J. Health L. & Pol’y 1–36 (2016).
  • Michele Goodwin & Erwin Chemerinsky, Book Review: No Immunity: Race, Class, and Civil Liberties in Times of Health Crisis, 129 Harv. L. Rev. 956–996 (2015).
  • Michele Goodwin, Invisible Women: Mass Incarceration’s Forgotten Casualties Book Reviews, 94 Tex. L. Rev. 353–386 (2015).
  • Michele Goodwin, The Death of Affirmative Action? Tributes, 2013 Wis. L. Rev. 715–726 (2013).
  • Michele Bratcher Goodwin, Precarious Moorings: Tying Fetal Drug Law Policy to Social Profiling Symposium: Roundtable on Regulating Assisted Reproductive Technology, 42 Rutgers L.J. 659–694 (2010).
  • Michele Goodwin & Nevin Gewertz, Rethinnking Colorblind State Action: A Thought Experiment on Racial Preferences, 72 Law and Contemporary Problems 251–281 (2009).
  • Michele Goodwin & L. Song Richardson, Patient Negligence Race and Socioeconomic Class: Examining an Increasingly Complex Tapestry, 72 Law & Contemp. Probs. 223–250 (2009).
  • Michele Goodwin, Review of L. Prograis and E. Pellegrino, eds., African American Bioethics: Culture, Race, and Identity, 8 The American Journal of Bioethics 52–54 (2008).
  • Michele Goodwin, The Body Market: Race Politics & Private Ordering Symposium: AALS Section on Contracts: New Frontiers in Private Ordering, 49 Ariz. L. Rev. 599–636 (2007).
  • Michele Goodwin, The Free-Market Approach to Adoption: The Value of a Baby, 26 Boston College Third World Law Journal 61 (2006).
  • Michele Goodwin, Nigger and the Construction of Citizenship, 76 Temp. L. Rev. 129–208 (2003).
  • Michele Goodwin, Deconstructing Legislative Consent Law: Organ Taking, Racial Profiling and Distributive Justice, 6 Va. J.L. & Tech. 1–22 (2001).
  • Michele Cammers Goodwin, The Black Woman in the Attic: Law, Metaphor and Madness in Jane Eyre Scholarship Conference: Law and Literature: Examining the Limited Legal Imagination in the Traditional Legal Canon, 30 Rutgers L.J. 597–682 (1998).

Articles in Mainstream Outlets 

  • Michele Goodwin, Reading Bostock Through a Racial Justice Lens, Newsweek, 2020.
  • Michele Goodwin, Madame Speaker, It’s Not Just Confederate Statues That Should Go. Start with Justice Taney, Ms. Magazine, 2020.
  • Michele Goodwin, Addressing Racism’s Toll: My Minneapolis Experience, Ms. Magazine, 2020.
  • Michele Goodwin, Grave Threats to Voting Rights in the Wisconsin Election, Ms. Magazine, 2020.
  • Michele Goodwin, Weaponizing Racism in the Wake of COVID-19, Ms. Magazine, 2020.
  • Michele Goodwin, Pregnant and Punished: [Op-Ed], New York Times, July 3, 2019, at A.23.
  • Michele Goodwin, Alabama Isn’t the Only State That Punishes Pregnant Women, New York Times (Online), July 1, 2019, https://search.proquest.com/usmajordailies/docview/2250028982/F9EFA4665E94D6CPQ/2?accountid=14509 (last visited Jun 25, 2020).
  • Sara Libby et al., Reflections on race, Christian Science Monitor, July 30, 2009, at 8.
  • Michele Bratcher Goodwin, Gates, race, and “driving while black,” Christian Science Monitor, July 24, 2009, at 9.
  • Michele Goodwin, Take the debate over degrading rap videos off mute, Christian Science Monitor, August 11, 2006, at 9–9.
  • Michele Goodwin, Commentary; Commerce in Cadavers Is an Open Secret, Los Angeles Times, March 11, 2004, at B.15.

Media Mentions

Events

  • CBGHP, Confronting Maternal Mortality (Speaker/Lecture: Panel), Wednesday, March 11, 2020.
  • CBGHP, Book Talk with Christopher Lehman: Slavery's Reach (Speaker/Lecture), Thursday, February 13, 2020.
  • CBGHP, Film Screening: The Power to Heal (Film Screening), Thursday, April 4, 2019.
  • CBGHP, Conversation with Ruha Benjamin on Technology & Race (Speaker/Lecture), Saturday, February 8, 2020.
  • CBGHP, A New Jim Code: Race, Carceral Technoscience, and Liberatory Imagination in Everyday Life (Speaker/Lecture), Friday, February 7, 2020.
  • CBGHP, Trauma, Policing & The 13th Amendment: The Long Arc to Freedom (Speaker/Lecture: Panel), Friday, February 22, 2019.
  • CBGHP, Hate in a Period of Political Tumoil Colloquium: The Rise of Mainstream Hate (Speaker/Lecture: Panel), Sunday, April 29, 2018.
  • CBGHP, Hate in a Period of Political Tumoil Colloquium: Inside the Hateful Mind (Speaker/Lecture: Panel), Thursday, October 19, 2017.
  • CBGHP, Hate in a Period of Political Tumoil Colloquium: Hate Crimes (Speaker/Lecture: Panel), Thursday, September 21, 2017.
  • CBGHP, Hate in a Period of Political Tumoil Colloquium: Charlottesville (Speaker/Lecture: Panel), Friday, September 08, 2017.

Books

  • Kaaryn Gustafson, Cheating Welfare (2011).
  • Linda Burnham & Kaaryn Gustafson, Working Hard, Staying poor: Women and Children in the Wake of Welfare “Reform” (2000).

Journal Articles

  • Kaaryn Gustafson, Degradation Ceremonies and the Criminalization of Low-Income Women Symposium Issue: Critical Race Theory and Empirical Methods, 3 UC Irvine L. Rev. 297–358 (2013).
  • Kaaryn Gustafson, The Criminalization of Poverty Criminal Law, 99 J. Crim. L. & Criminology 643–716 (2008).

Events

  • CLEAR, Perspectives: The Second Founding (Workshop), Tuesday, February 18, 2020.
  • CLEAR, Perspectives: The Limits of Whiteness (Workshop), Tuesday, January 28, 2020.
  • CLEAR, SPONSORSHIP: Dr. Joseph L. White Lecture - Yusef Salaam (Lecture), Thursday, January 23, 2020.
  • CLEAR, Perspectives: How to Be an Antiracist (Workshop), Tuesday, November 19, 2019.
  • CLEAR, co-sponsored w/ Social Sciences: Jennifer Eberhardt (Speaker), Friday, October 04, 2019.
  • CLEAR, Perspectives: Biased (Workshop), Tuesday, September 24, 2019.
  • CLEAR, Distinguished Critical Race Theory Lecture: Meera Deo (Speaker/Lecture: Single), Tuesday, February 26, 2019.
  • CLEAR (Co-Sponsor), Dealing with Racist Patients (Seminar), Wednesday, February 13, 2019.
  • CLEAR, Perspectives: Jeanne Theoharis (Seminar), Monday, February 11, 2019.
  • CLEAR, Perspectives: Algorithms of Oppression (Seminar), Friday, October 26, 2018.
  • CLEAR, Perspectives: City of Inmates (Seminar), Tuesday, October 16, 2018.
  • CLEAR, Race, Inequality, and Debt (Conference/Symposium), Friday, March 16, 2018.
  • CLEAR, Distinguished Critical Race Theory Lecture: Paul Butler (Speaker/Lecture: Single), Tuesday, February 13, 2018.
  • CLEAR, Perspectives: Paul Butler, Chokehold (Seminar), Wednesday, January 31, 2018.
  • CLEAR, Perspectives: Ta-Nehisi Coates, We Were Eight Years in Power (Seminar), Tuesday, January 16, 2018.
  • CLEAR, Anti-Blackness and the American Dream: Revisiting the 1992 L.A. Uprisings (Speaker/Lecture: Panel), Monday, October 30, 2017.
  • CLEAR, Distinguished Critical Race Theory Lecture: James Forman Jr. (Speaker/Lecture: Single), Wednesday, September 27, 2017.
  • CLEAR, Perspectives: Matthew Desmond, Evicted (Seminar), Wednesday, September 20, 2017.
  • CLEANR/CLEAR, What the Eyes Don't See: Mona Hanna-Attisha Book Talk (Speaker/Lecture: Single), Wednesday, January 23, 2019.

Book Chapters

  • Richard L Hasen, Congressional Power to Renew Preclearance Provisions, in The Future of the Voting Rights Act 81–106 (David Epstein et al. eds., 2006).

Journal Articles

  • Richard L. Hasen, Civil Right No. 1: Dr. King’s Unfinished Voting Rights Revolution Voting Rights, 49 U. Mem. L. Rev. 137–166 (2018).
  • Richard L. Hasen, Race or Party, Race as Party, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization in Redistricting and Voting Cases 2020 Redistricting: Mapping a New Political Decade Symposium, 59 Wm. & Mary L. Rev. 1837–1886 (2017).
  • Hasen, Richard L., Resurrection: Cooper v. Harris and the Transformation of Racial Gerrymandering into a Voting Rights Tool (June 13, 2017). ACS Supreme Court Review (Symposium), Forthcoming; UC Irvine School of Law Research Paper No. 2017-32. Available at SSRN: https://ssrn.com/abstract=2985755
  • Richard L. Hasen, Racial Gerrymandering’s Questionable Revival Symposium 2015: 50th Anniversary of the Voting Rights Act, 67 Ala. L. Rev. 365–386 (2015).
  • Richard L. Hasen, Race or Party: How Courts Should Think about Republican Efforts to Make It Harder to Vote in North Carolina and Elsewhere, 127 Harv. L. Rev. F. 58–75 (2013).
  • Richard L. Hasen, Shelby County and the Illusion of Minimalism, 22 Wm. & Mary Bill Rts. J. 713–746 (2013).
  • Richard Hasen, Congressional Power to Renew the Preclearance Provisions of the Voting Rights Act after Tennessee v. Lane, 66 Ohio St. L.J. 177–208 (2005).
  • Richard L. Hasen, The Uncertain Congressional Power to Ban State Felon Disenfranchisement Laws Wiley A. Branton-Howard Law Journal Symposium: The Value of the Vote: The 1965 Voting Rights Act and Beyond, 49 Howard L.J. 767–784 (2005).

Articles in Mainstream Outlets

  • Richard Hasen, We Can’t Ignore Racial Redistricting: [Op-Ed], New York Times, June 28, 2019, at A.31.
  • Richard Hasen, The Gerrymandering Decision Drags the Supreme Court Further Into the Mud, New York Times (Online), June 27, 2019,
  • Richard Hasen, Kagan quietly declares war on gerrymandering, The Washington Post, May 23, 2017, at A.17.
  • Richard Hasen, Turning the Tide on Voting Rights: Commentary, New York Times, August 2, 2016, at A.23.
  • Richard Hasen, Voter Suppression’s New Pretext: Commentary, New York Times, November 16, 2013, at A.19.
  • Richard Hasen, Disenfranchise No More: [Op-Ed], New York Times, November 18, 2011, at A.33.
  • Richard Hasen, Roberts’ iffy support for voting rights, Los Angeles Times, August 3, 2005, at B.13.
  • Richard Hasen, Commentary; Chads Hang Over Recall, Los Angeles Times, August 8, 2003, at B.15.

Journal Articles

Journal Articles

  • Christopher R. Leslie, Dissenting from History: The False Narratives of the Obergefell Dissents, 92 Ind. L.J. 1007 (2017)
  • Christopher R. Leslie, Justice Alito’s Dissent in Loving v. Virginia, 55 B.C. L. Rev. 1563–1612 (2014).
  • Christopher R. Leslie, Embracing Loving: Trait-Specific Marriage Laws and Heightened Scrutiny, 99 Cornell L. Rev. 1077 (2014)

Book Chapters

  • Carrie Menkel-Meadow, Feminist Legal Academics: Changing the Epistemology of American Law Through Conflicts, Controversies and Comparisons, in Gender and Careers in the Legal Academy (Ulrike Shultz, ed., 2020).

Books

  • Race Law Stories, (Rachel F. Moran & Devon W. Carbado eds., 2008).
  • Rachel F. Moran, Interracial Intimacy: The Regulation of Race and Romance (2001).

Book Chapters

  • Rachel F. Moran, Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education, in The Oxford Handbook of U.S. Education Law (Kristine L. Bowman ed., 2018).
  • Devon W. Carbado & Rachel F. Moran, Race Law Cases in the American Story, in Civil Rights in American Law, History, and Politics 16–63 (Austin Sarat ed., 2014).
  • Rachel F. Moran, The Heirs of Brown: The Story of Grutter v. Bollinger, in Race Law Stories (Rachel F. Moran & Devon W. Carbado eds., 2008).
  • Rachel F. Moran & Devon W. Carbado, Introduction: The Story of Law and American Racial Consciousness - Building a Canon One Case at a Time, in Race Law Stories (Rachel F. Moran & Devon W. Carbado eds., 2008).

Journal Articles

  • Rachel F. Moran, Bakke’s Lasting Legacy: Redefining the Landscape of Equality and Liberty in Civil Rights Law Symposium: Bakke at 40: Diversity, Difference and Doctrine, 52 U.C. Davis L. Rev. 2569–2626 (2018).
  • Rachel F. Moran, Untoward Consequences: The Ironic Legacy of Keyes v. School District No. 1 Denver University Law Review 2013 Symposium: Forty Years since Keyes v. School District No. 1; Equality of Educational Opportunity and the Legal Construction of Metropolitan America, 90 Denv. U. L. Rev. 1209–1230 (2012).
  • Rachel F. Moran, What Counts As Knowledge? A Reflection on Race, Social Science, and the Law, 44 Law & Society Review 515–552 (2010).
  • Rachel F. Moran, Let Freedom Ring: Making Grutter Matter in School Desegregation Cases Symposium: The Future of Affirmative Action: Seattle School District #1, Race, Education, and the Constitution, 63 U. Miami L. Rev. 475–506 (2008).
  • Rachel F. Moran, Rethinking Race, Equality, and Liberty: The Unfulfilled Promise of Parent Involved Symposium: The School Desegregation Cases and the Uncertain Future of Racial Equality, 69 Ohio St. L.J. 1321–1374 (2008).
  • Rachel F. Moran, Loving and the Legacy of Unintended Consequences, 2007 Wis. L. Rev. 239–282 (2007)
  • Rachel F. Moran, Of Doubt and Diversity: The Future of Affirmative Action in Higher Education Symposium: Meeting the Challenge of Grutter - Affirmative Action in Twenty-Five Years, 67 Ohio St. L.J. 201–244 (2006).
  • Rachel F. Moran, Whatever Happened to Racism Symposium: People of Color, Women, and the Public Corporation, 79 St. John’s L. Rev. 899–928 (2005).
  • Rachel F. Moran, Brown’s Legacy: The Evolution of Educational Equity Symposium: Brown v. Board of Education, 66 U. Pitt. L. Rev. 155–180 (2004).
  • Rachel F. Moran, Love with a Proper Stranger: What Anti-Miscegenation Laws Can Tell Us about the Meaning of Race, Sex, and Marriage, 32 Hofstra L. Rev. 1663–1680 (2003).
  • Rachel F. Moran, The Elusive Nature of Discrimination Book Review Symposium, 55 Stan. L. Rev. 2365–2418 (2002).
  • Rachel F. Moran, The Mixed Promise of Multiracialism Symposium: Border People and Antidiscrimination Law, 17 Harv. Blackletter L. J. 47–56 (2001).
  • Rachel F. Moran, Race, Representation, and Remembering Critical Race Studies, 49 UCLA L. Rev. 1513–1552 (2001).
  • Rachel F. Moran, Diversity and its Discontents: The End of Affirmative Action at Boalt Hall Symposium of the Law in the Twentieth Century, 88 Calif. L. Rev. 2241–2352 (2000).

Journal Articles

  • Pamela Foohey et al., No Money Down Bankruptcy, 90 S. Cal. L. Rev. [i] –1110 (2016).
  • Sara S. Greene, Parina Patel & Katherine Porter, Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes, 101 Minn. L. Rev. 1031–1098 (2016).

Media Mentions

Journal Articles

  • Robert Solomon, Racism and its effect on Cannabis Research, 5 Cannabis & Cannabinoid Research 5 (2019).

Miscellaneous/Courses

  • Spring 2018 Litigation Strategies (instructor) (students served as back-up in Colin Kaepernick’s arbitration with the NFL).
  • Law and Popular Culture Course (instructor).

Journal Articles

  • Ann Southworth, Lawyers and the Myth of Rights in Civil Rights and Poverty Practice, 8 B.U. Pub. Int. L.J. 469–520 (1998).

Books

  • The Politicization of Safety (Jane Stoever ed., 2019).

Journal Articles

  • Jane K. Stoever, Mirandizing Family Justice, 39 Harv. J.L. & Gender 189 (2016).

Events

  • Initiative to End Family Violence (IEFV), All Our Trials: Prisons, Policing, and the Feminist Fight to End Violence Book Talk by Professor Emily Thuma (Speaker), Tuesday, January 21, 2020.
  • Initiative to End Family Violence (IEFV), Book Talk: Politicization of Safety (Speaker/Lecture: Multiple), Wednesday, March 27, 2019.
  • Initiative to End Family Violence (IEFV), Alesha Durfee, Structural Intersectionality, Domestic Violence, and Law, April 12, 2019.
  • Initiative to End Family Violence (IEFV), Tarana Burke, Moving Beyond #MeToo (Seminar), Monday, April 22, 2019.
  • Initiative to End Family Violence (IEFV), Marissa Alexander, Life or Death, Freedom or Prison: The Criminalization of Domestic Violence Survivors, October 3, 2018
  • Initiative to End Family Violence (IEFV), Beverly Gooden, Survivors’ Rights Advocate and creator of the viral hashtag #WhyIStayed, April 6, 2017.
  • Initiative to End Family Violence (IEFV), Prof. Kimberlé Crenshaw, The Urgency of Intersectionality keynote lecture, April 7, 2017
  • Initiative to End Family Violence (IEFV), Alisa Bierria, Black Women, Domestic Violence, and Paradoxical Space, Friday, March 11, 2016.

Media Mentions

Journal Articles

  • Erin York Cornwell, Emily S. Taylor Poppe & Megan Doherty Bea, Networking in the Shadow of the Law: Informal Access to Legal Expertise through Personal Network Ties, 51 Law & Soc’y Rev. 635–668 (2017).

Journal Articles

  • Eda Katharine Tinto, The California Gang Database: Once in, Can You Ever Get Out?, The Verdict (forthcoming Fall 2020).
  • Eda Katharine Tinto, Finding Rights Among the Wreckage, 35 Criminal Justice Ethics 142 (2016) (review of Michael Javen Fortner, Black Silent Majority: The Rockefeller Drug Laws and the Politics of Punishment, 2015).

Media Mentions

Presentations

  • Criminal Justice Advocacy, panelist as program faculty, Project Kinship 2020 Trauma & Recovery Certificate Program (July 24, 2020)
  • Current Issues in the Criminal Justice System, panelist, Prison Education Club, UC Irvine (Oct. 28, 2019)
  • Excessive Force and Police Brutality from the Minority Perspective, panelist, Thurgood Marshall Bar Association, Orange, CA (Sept. 20, 2018)

Journal Articles

  • Stacey L. Tutt, Foreclosure Mediation as an Enforcement Mechanism, 4 Ind. J. L. & Soc. Equality 249 (2016).

Articles in Mainstream Outlets

  • Henry Weinstein, Jury to come under justices’ scrutiny; The Supreme Court will hear a Louisiana case in which a black man was sentenced to die after African Americans were kept off the panel, Los Angeles Times, December 3, 2007, at A.9.
  • Henry Weinstein, Judges lack diversity of community; L.A. County jurists of color exceed the percentage of minority lawyers but lag their proportion of the public, leaders say, Los Angeles Times, January 21, 2007, at B.4.
  • Henry Weinstein, Court upholds voting act; An appeals panel backs a law facilitating racially based challenges to at-large elections, Los Angeles Times, December 7, 2006, at B.1.
  • Henry Weinstein, Commission Urges Changes in Use of Eyewitness Identifications; The state panel cites problems with current procedures, particularly cross-racial IDs, a leading cause of wrongful convictions, Los Angeles Times, April 14, 2006, at B.3.
  • Henry Weinstein, Alito’s Findings for Employers Cited as Evidence; Opponents point to the Supreme Court nominee’s decisions in discrimination cases, Los Angeles Times, November 5, 2005, at A.12.
  • Henry Weinstein, Justice Department Joins Election Legal Fight in Ohio; Two lawsuits battle state law allowing voters to be challenged at the polls. U.S. backs the statute, Los Angeles Times, November 1, 2004, at A.15.
  • Henry Weinstein, Arbitration Agreements OKd; Court says employers can require applicants to waive litigation in discrimination claims, Los Angeles Times, October 1, 2003, at C.1.
  • Henry Weinstein, Panel Urges Halt to Executions in Pa.; Committee named by state high court calls for a moratorium to allow probe, noting that race has been a factor in some death sentences, Los Angeles Times, March 5, 2003, at A.15.
  • Henry Weinstein, Md. Governor Calls Halt to Executions; Justice: Glendening wants to study whether racial bias affected sentencing. Second such moratorium in U.S. may last a year, he says, Los Angeles Times, May 10, 2002, at A.16.
  • Henry Weinstein, Award Over Racism Upheld; Appeal: Judges affirm $1 million in punitive damages for a black employee subjected to repeated slurs at a Seattle area company, Los Angeles Times, October 25, 2001, at B.1.
  • Henry Weinstein, Racial Profiling Gains Support as Search Tactic; Law enforcement: As former critics temper opposition, some groups feel unfairly targeted, Los Angeles Times, September 24, 2001, at A.1.
  • Henry Weinstein, Condemned Murderer Seeks Commutation; Crime: Federal prisoner from Texas cites evidence of racial disparities in the use of the death penalty in his request to Bush, Los Angeles Times, May 22, 2001, at A.10.
  • Henry Weinstein, Bias Decision Could Affect Wide Variety of Issues; Supreme Court: Experts cite areas ranging from women’s sports to racial profiling to the environment. A U.S. law that had major effects locally is also weakened, Los Angeles Times, April 26, 2001, at A.24.
  • Henry Weinstein, With the company targeted in at least two civil rights suits by ex-employees . . .; U.S. Probes Alleged Racial Harassment at Airline, Los Angeles Times, March 13, 2000, at B.1.
  • Henry Weinstein, Court Affirms Police Bias in Torrance Case, Los Angeles Times, January 12, 2000, at A.3.

Events

  • Guest Speaker Series, Colette Pichon Battle on Environmental Justice (Speaker), Wednesday, March 11, 2020.

Clinical Activities

In Burton v. Lee, 732 F. Appx 567 (9th Cir. 2018), UCI Law Appellate Litigation Clinic students represented Jerry Burton, an African American prisoner incarcerated for over twenty years for a crime committed when he was a minor.  The issue before the appellate court was whether the district court erred in revoking Burton’s in forma pauperis standing, and dismissing his civil rights action against the Department of Corrections. In the underlying case, Mr. Burton alleged that he was placed in a secure housing unit (SHU) based on his erroneous identification as a gang member. The Ninth Circuit found that the district court erred in finding the Complaint barred by the Prison Litigation Reform Act’s three strikes rule, finding that two prior lawsuits did not count as strikes. Determining that a separate judgment was required but never filed, the panel also rejected the State’s argument that the Court lacked jurisdiction.

Copyright case

Another recent clinic civil case involved a copyright action in which the Clinic represented an African American man in his copyright battle against 20th Century Fox.  The Clinic won the case, and the opinion includes a concurrence by Judge Wardlaw expressly addressing the intersection of race and copyright (attached) as a central theme in the case, which was and is really a first in the copyright realm.  Law360 heralded this decision as one of the Top 10 copyright decisions of the year when it issued. See https://www.law360.com/articles/1106485/top-10-copyright-rulings-of-2018.  For more information, click on this link to the Hollywood Reporter article addressing the race issues in the case: https://www.hollywoodreporter.com/thr-esq/was-it-racist-a-judge-dismiss-a-copyright-lawsuit-targeting-foxs-empire-1131906.

Prisoner civil rights case

The ALC currently represents a black prisoner in the case of Brown v. County of Los Angeles, No. 19-55218; oral argument is scheduled for October 2020. The District Court dismissed as untimely a civil rights action by a black prisoner who was the FBI’s primary informant in its investigation into corruption in county jails; deputies kidnapped and mistreated him in a famous escapade called “Operation Pandora’s Box.”

The Civil Rights Litigation Clinic involves students in active litigation, from small cases to complex class actions on a range of subjects that involve efforts to combat racism and anti-blackness. For example, students are representing clients in a new class action on behalf of Black Lives Matter regarding LAPD brutality in the recent demonstrations 

The Community and Economic Development Clinic represents groups that seek to maintain or expand affordable housing. Many members of these groups have historically suffered from racism and discrimination in housing, and their current housing situation is a result of this racism. Other CED efforts include, for example, representation of a non-profit corporation whose mission is to provide scholarships for black medical students seeking to pursue a residency in plastic surgery, an area of specialty in which black physicians are especially under-represented.

The Consumer Law Clinic’s mission is to address economic justice in the face of inequality.

Criminalization of debt

CLC systemic change projects and direct representation reflect this mission.  CLC’s project on criminalization of debt focuses upon disparate impact on vulnerable populations. The criminal justice system imposes administrative fees amounting to thousands of dollars on our most vulnerable community members creating a barrier to economic stability and re-entry into society which is perpetuated by the over-policing of black communities. The current system has created a debt trap in which low-income people remain liable for court debt long after their cases are over. As part of this project, students represent homeless and low-income clients assert their constitutional right to an ability-to-pay determination for outstanding fines and fees.

People v. Kopp

Students also assist with policy reform through appellate advocacy, white papers, public comment, community education, self-help resource development and story gathering. Students are currently drafting an amicus brief in People v. Kopp that focuses upon how the imposition of criminal fines, fees, and assessments on people who cannot pay disproportionately harms people with disabilities and people who are negatively racialized. The brief argues that people of color in California are disproportionately overpoliced and overcharged and the deficient ability to pay determinations perpetuate discrimination and cause further harm.

Predatory financing

In CLC’s work to protect vulnerable homeowners from foreclosure, students have represented clients of color negatively affected by PACE, a new predatory home improvement financing product that incentives fraud and leaves low-income, low English proficiency and senior homeowners at risk for foreclosure. CLC has engaged in policy work focused upon data gathering to demonstrate the disparate impact on communities of color.

Mediation programs

CLC students are also working to develop mediation programs in bankruptcy courts to assist borrowers in discharging their student loans.  Students learn about the targeting of black neighborhoods by predatory for-profit schools that result is overwhelming debt that cannot be discharged.  The clinic emphasizes the scope of racial disparities in bankruptcy filing and outcomes, in particular that people residing in majority black zip codes who file for bankruptcy, the odds of having their cases dismissed (and failing to attain lasting relief) were more than twice as high as those of debtors living in mostly white zip codes.

To support students, CLC faculty ensures that all projects and work are grounded in the historical context of racial disparity.  From disparate impact to systemic discrimination, students learn about the history of redlining, targeting of minority communities by predatory lenders, and racial disparities within the criminal justice system. Faculty ask students to assess their own biases and encourage them to evaluate their own implicit bias and its influence on client relationships.

Law for Black Lives

The Criminal Justice Clinic is part of the Clinical Cohort of L4BL (Law for Black Lives). Law clinics provide legal research for ongoing campaigns of local movement organizations. “Law for Black Lives is a national community of radical lawyers and legal workers committed to transforming the law and building the power of organizing to defend, protect and advance Black Liberation across the globe.”

Clean Slate Practice

CJC’s “clean slate practice” focuses on representing formerly incarcerated individuals, many of whom are Black men and women, in clearing their criminal records in order to overcome employment and educational barriers caused by their criminal justice system involvement.

Compassionate Release

CJC helps federal prisoners seek compassionate release from federal prison (and we will be expanding this work in the fall). Many of these clients are Black men. An important aspect of this legal work is calling attention to—and asking for courts to rectify in our individual client’s case—past racist sentencing laws that directly and disproportionately harm Black men. These laws continue to hurt Black men as they prolong their unjust imprisonment. Compassionate release motions are one of the only vehicles these men have to seek relief from their unjust and racially biased sentence.

All of CJC’s work essentially goes to removing barriers to people of color.

The Domestic Violence Clinic represents survivors of domestic violence and gender-based violence, and the majority of the clinic’s clients are women of color. Faculty teach students to be client-centered, culturally competent, courageous, ethical, critically reflective, and effective advocates.

The Domestic Violence Clinic strives to provide holistic representation to clients, with representation expanding to civil, immigration, and policy interventions in abuse. The clinic most commonly represents clients in civil restraining order, custody, and immigration cases. Multiple Domestic Violence Clinic clients have been arrested in the process of seeking help, calling the police, or surviving abuse, and the clinic has effectively advocated with police and prosecutors to avoid criminal charges against our clients. Each semester, the Domestic Violence Clinic litigates multiple multi-day evidentiary hearings and otherwise supports our clients’ autonomy and our students’ development as attorneys.

Central themes to the Domestic Violence Clinic’s client representation and coursework include an explicit focus on intersectionality, critical examination of existing laws and legal structures, and furthering anti-carceral responses to gender-based violence.

Coursework

The Domestic Violence Clinic seminar includes dedicated classes on domestic violence and issues of intersectionality that largely focus on race and ethnicity and include discussion of how society cannot address domestic violence without addressing anti-Black racism and police brutality. Students examine various forms of structural, institutional, and individual racism and multiple oppressions that affect a survivor’s experience of abuse and the efficacy of interventions into domestic violence. Faculty show a segment of the keynote address Professor Kimberlé Crenshaw delivered for the UCI Initiative to End Family Violence and the “Say Her Name” video, followed by class discussion. 

Multiple classes touch upon different aspects of the Black experience including classes on poverty in which students discuss the intersection with race and gender, intimate partner violence in LGBTQAI+ relationships, and other aspects of identity. Faculty lead discussions on the criminal justice system’s historic and current responses to domestic abuse, including how mandatory arrest and no-drop prosecution policies have affected Black communities. The clinic seminar also addresses how many individuals who experience domestic violence are accused of crimes relating directly or indirectly to the abusive relationship, and address the collateral consequences of criminal convictions, reasons victim-survivors often do not wish to prosecute, and possible defenses available to victim-defendants.

Service

The Domestic Violence Clinic Director serves as UCI Law’s representative to the UCI Council on Equity and Inclusion. While chair of the Teaching and Learning Committee, the committee surveyed students, conducted faculty workshops on equity and inclusion and trauma-informed pedagogy, and hosted programming with the Committee on Equity and Inclusion. Faculty have published scholarship focused on the multiple oppressions domestic violence survivors face and critiquing criminal legal responses to gender-based violence, especially as harming Black women, communities of color, and immigrants who lack secure immigration status; hosted conferences at UCI Law concerning campus sexual assault and restorative justice possibilities, gun violence, human trafficking, and anti-carceral alternatives to the criminal justice system, among other topics; and hosted prominent speakers including Marissa Alexander, Tarana Burke, Beverly Gooden, and other speakers offering critical perspectives combatting racism and gender-based violence.

The Environmental Law Clinic advocates on behalf of communities of color, and low-and moderate-income communities, who disproportionately bear the environmental, economic, and health burdens imposed by the development, implementation, and enforcement of the law. Race and income map closely with higher levels of air and water pollution, siting of toxic waste sites, significant health problems, and limited access to natural resources, open spaces, and our coasts. Working at the intersection of civil rights, environmental, and public health law, the ELC seeks systemic changes for our clients through advocacy, counseling, and rights education.

As part of these efforts, the ELC works alongside grassroots organizations whose missions include eliminating environmental racism and ensuring participation for under-represented communities.

Policy Advocacy

On behalf of clients, the ELC is currently participating in policy discussions to ensure that social equity is incorporated in California's environmental protection efforts, including: the robust implementation of SB1000, the Coastal Commission’s Environmental Justice Policy, and California’s human right to water; challenging government actions that foreclose opportunities for community organizations and community members to participate in remote hearings, workshops, and meetings; contesting the expansion of law enforcement infrastructure that encroaches on public access to beaches and harbors; and building collaborations with medical and public health experts to identify, limit, and remediate exposures to toxins in Orange County's vulnerable communities. In addition to advocacy at the state- and local-level, ELC has been active in national advocacy efforts for several years, including researching and developing legislative initiatives to build upon the nascent Environmental Justice Act of 2017, and embed principles of environmental justice in federal law.

Coursework

In ELC seminar classes students discuss the history and role of race, class, and other privileges in environmental and natural resources law, and its effects on the environment and human health. Faculty actively engage with students and clients in these discussions, and like all UCI Clinics we discuss the need for lawyers to help build more just communities and to effectively lawyer across cultures.

Deportation defense

Recently represented a Black immigrant who was a long-term resident of the United States in his bond and immigration proceedings and obtained post-conviction relief on his behalf. Over the course of the representation, initiated discussions with students on several occasions about the salience of his race to past encounters with law enforcement.

Equal Protection

Litigated case that pushed the boundaries of equal protection doctrine, and in connection with that, discussed limits of equal protection doctrine in clinic seminar

Cross-racial solidarity

Helped to build (and participate in) Orange County Rapid Response Network, which has, among other things, attempted to forge cross-racial solidarity in the immigrants’ rights community, including with the Haitian Bridge Alliance

Coursework

At the beginning of each semester, IRC students have class on Immigration Legal System and History and emphasize the importance of explicitly talking about race; faculty connect the history of the immigration system to the racial subjugation of Black people in the United States and end the class with a reading on Multiple Consciousness by Mari Matsuda, which builds on W.E.B. Du Bois’ description of “double consciousness.”  Each semester IRC has a clinic class dedicated to Race, Power and Subordination in the Justice System, in which faculty draw on students’ observation of court proceedings of various kinds to have a discussion about racism, microaggressions, structural racism, and the concept of “racial naturalization” coined by Devon Carbado; students are assigned readings from critical race theory literature.

Coursework

This summer, faculty hopes to re-work the class on Immigration Legal System and History to more explicitly draw out connections between slavery and the development of immigration law and generally try to give IRC Black students more entry points into the conversation; rework coverage of the immigrants’ rights movement to examine some tactics/slogans that have been directly or indirectly anti-Black; and assign more readings written by Black authors and/or that addresses the situation of Black Americans as it relates to immigration law.

Service

Faculty have developed close mentoring relationships with Black students (and students from underrepresented groups generally), which have continued after graduation; served on the Committee on Equity and Inclusion and been active in efforts to do better on these issues as a law school (teaching workshops, etc.); presented at workshops/conferences on police reform and social movements, policing communities of color, movement lawyering; published scholarship calling on immigration scholars to pay more attention to the relationship between the immigration system and criminal justice system; supported efforts to grow local community organizations led by people of color; participate in Women Clinicians of Color Working Group, intended to create a safe space for women clinicians of color in SoCal to offer support and resources to navigate academia

In the UCI Intellectual Property, Arts, and Technology Clinic, faculty teach students to be culturally sensitive and attuned to the ways in which the harms and benefits of technology law and policy are distributed unequally across racial, class, and gender lines, and across borders. In particular, students explore how copyright law privileges traditionally European or European-derived art forms (such as written music) over cultural practices of marginalized communities (practices such as digital sampling, oral storytelling, and rhythm-based musical traditions). Students also explore how international intellectual property law restricts access to essential medicines throughout the global South, and the ways in which algorithms and machine learning perpetuate racial bias, inequity, and other forms of injustice.

When evaluating whether to take on a new matter, the clinic looks for both pedagogical value and public interest impact. IPAT seeks out clients who cannot afford representation, are from marginalized communities, or whose voices are underrepresented in contemporary intellectual property and policy debates. Consonant with these goals, the majority of filmmaker and First Amendment projects, as well as technology startup clients, are led by members of underrepresented communities. In addition, many of IPAT’s clients’ creative projects directly address problems that disproportionately affect underrepresented communities.

Recent projects that contribute to the fight against racism and anti-blackness include:

Rap on trial

Preparing a comprehensive practice manual for defense counsel to assist them in combatting the use of rap lyrics in criminal proceedings. The Clinic’s client is the nation’s leading scholar of the “Rap on Trial” phenomenon and her work shows that the introduction of rap lyrics injects massive racial bias into the proceedings. The practice manual (now at about 27,000 words) will be published later this year and will include a comprehensive case compendium and “brief bank” for use by defense attorneys nationwide.

Representing filmmakers

Advised a woman filmmaker who directed an award-winning documentary about the African-American-led campaign to overturn Florida’s felon disenfranchisement law, which overwhelmingly affects Florida’s black community. The clinic also advised the producer of a documentary and annual awards show on African-American stuntwomen

Representing an independent journalist who is seeking documents relating to police officers accused of misconduct from several California police departments pursuant to the California Public Records Act.

Represented a government transparency advocacy group in a motion to unseal a grand jury transcript in a racially charged murder case in Oakland; students argued the motion in court

Advised a national nonprofit group seeking to curb censorship of books and periodicals in several state prison systems

The International Justice Clinic has played an active role supporting UN efforts to address incitement to hatred, discrimination and hostility. In 2019, IJC conducted research and drafting for Professor Kaye’s report to the UN General Assembly on online hate speech (A/74/486). A 2018 report to the General Assembly, focusing on Artificial Intelligence and Human Rights (A/73/348), condemned AI’s discriminatory potential and called upon governments and private companies to ensure that their AI products do not contribute to racial and other forms of discrimination.

IJC has addressed discrimination and police violence against African Americans in the past as well. In 2014, we provided research and drafting that led to an official allegation letter to the United States following the killing of Michael Brown by local police in Ferguson, Missouri, and the police violence against protesters and journalists subsequent to that.

Most recently, IJC has closely followed police violence against African Americans, resulting in Professor Kaye joining a UN statement condemning systemic racism in the United States, and a joint statement by Professor Kaye and his counterpart in the Inter-American Commission of Human Rights condemning attacks on journalists in the United States.

Alumni Contributions

Books

  • Racial Spectacles: Explorations in Media, Race, and Justice, Routledge, 2011
  • Legacies of Lynching: Racial Violence and Memory, University of Minnesota Press, 2004