Law, Jurisp & Social Thought 281 - Theories of Race and Law

This course will explore foundational theories of race, law, and their entanglement in the United States. As scholars of critical race theory have shown, law and legal institutions have been integral to the establishment and perpetuation of racial hierarchies in the United States. At the same time, historians and sociologists have long emphasized that racial categories are socially constructed, in both law and culture. We will explore both sides of the dynamic these theorists identify—the role of race in creating law, and of law in creating race—across the course. After surveying seminal works in critical race theory and theories of racial formation, we will focus in on specific applications at the intersection of race and law. Topics will include immigration, segregation, the census, whiteness, property, passing, originalism, the Indian Child Welfare Act, and equal protection doctrine. Throughout the course, students will be responsible for recording in-class podcast discussions to parse the dense and often difficult material and track resonant themes and tensions as they progress.

Limited to 30 students. Spring Semester. Professor Brush

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Students who enroll in this course will likely encounter and be expected to engage in the following intellectual skills, modes of learning, and assessment: - Written analysis - Short oral presentations and podcast discussions - In-class discussion and small-group work - In-class quizzes or midterm exam - Final paper