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Professor Vernellia Randall
The University of Dayton School of Law 

 

randallinoffice

This course was offered yearly from 1995 through 2012. 

 

 


Course Overview

Juan F. Perea, Richard Delgado, Angela Harris, Stephanie M.Wildman, Race and Races: Cases and Resources for a Diverse America (2000)

At the beginning of the new millennium, the United States is, in important ways, a different country from the one the Framers envisioned. The principal racial issues confronting the Framers were the conquest of Indian nations and the perpetuation of black slavery. Our historical and cultural inheritance includes the unresolved legacy of those early racial dilemmas as well as additional, complex racial issues that we confront today as a result of our demographics. For example, are African Americans and Mexican Americans due reparations, as the government decided were due to Japanese American families imprisoned during World War II? Should members of these groups receive a formal apology for the treatment suffered by their ancestors, as Congress expressed in a recent joint resolution apologizing for the colonization of Native Hawaiians? Should African Americans and members of other racial minority groups receive affirmative action in hiring, government contracting, and admissions to higher education? What, if anything, should be done to improve the legislative representation of minority groups, who may otherwise be outvoted consistently? What happens when one group uses a constitutional right, such as free speech, to demean and hector another? How can tensions between racial groups be eased? In the end, how can we do more justice in our racially diverse society?

As of 1997, persons of color constituted nearly one-third of the U.S. population: African Americans (12.7%); Latinos/as (11%); Asian Americans (3.7%); and American Indians (.9%) Because these groups are growing more rapidly than Whites, persons of color will likely outnumber Whites in the United States sometime near the middle of the next century. The demographics of our future will become ever more complex, more multiracial, as members of different racial groups intermarry, adding to the racial complexity already evident today.

Each of us has taught and written about race for most of our careers. We have all confronted the need for and the difficulty of assembling varied interdisciplinary and historical materials to cover race and racism comprehensively, in a manner that accounted for each of the principal racial groups in the United States—African Americans, Indians, Latinos/as, Asian Americans, and Whites.

This [course] . . . present race and racism in a manner that corresponds to the racial complexity of United States society. [Persons] . . . committed to understanding our multiracial society require ready access to historical, legal, and interdisciplinary materials that shed light on our continuing and changing problems of race. To ease and amplify understanding of the increasing complexity of American racial dynamics, [I present this website]. .. .

[This course] . . . explore[s] the cutting edges of theory with respect to race, giving central attention both to the continuity across history of certain under-standings of race and the evolution of those understandings, a process which continues today. Thus this . . . [course] . .. includes materials on the difficulties in defining and understanding the meanings of "race;" the nature of "racism," and "oppression;" . . . theory of racial formation; the differing implications of colonization and immigration; the formation of stereotypes; unconscious racism; the gendered and sexualized nature of race; and the situation of biracial and multiracial persons.

This [course]. . . also provides a rich historical introduction to the particular histories of four major racial groups in the United States, African Americans, Indians, Latinos/as, and Asian Americans, and their encounters with white Europeans and their descendants. Each of these minority groups has a long legal history documenting its presence and its attempts to use the courts and other means to fight racial discrimination in the United States. This legal history, much of which is often ignored in discussions of race, seems to us essential in understanding the situation faced by each of these groups today. This history also enables comparisons among the experiences of these different racialized groups.

Many discussions of race and racism in the United States focus solely on the experiences of racial minorities. It is just as important, in our view, to focus on the development of "Whiteness" and the white race. Demonstrating the evolution of racial categories, membership in the white race has changed over time for complex reasons. For example, Irish immigrants during the nineteenth century and European immigrants of the early twentieth century used to be considered nonwhite. Today, persons with such ancestry are considered White. How did this happen? Whiteness, the unstated norm of racial identity in the United States, requires close examination and study just as other racial identities do.

[Students] will notice that much seemingly unrelated law fits together when race and racism are used as organizing principles. The law of slavery and the ceaseless African—American struggle for civil rights are essential to understanding the development of doctrines of equality under the Constitution and statutory law. A different process—conquest, and its legal ratification by Congress and justification by the Supreme Court—is essential to understanding the racialization of Indians, Mexican Americans, and Puerto Ricans. Immigration law also plays a crucial role in the law of race. Supreme Court decisions upholding Chinese exclusion and Alien Land Laws are central in producing the racialization of Asian Americans. And the Supreme Court*s many determinations of who was "White" and who was not for purposes of naturalized citizenship were of crucial importance in defining the legal bounds of Whiteness.

This [course] . . . . . . also explores the themes of race and racism in a variety of doctrinal contexts. What is the meaning of racial equality? What understanding of racial equality finds expression in the crucial realms education and voting rights? How do racial themes find expression in doctrines of freedom of speech? What are the popular images and stereotypes of people of color and Whites that pervade the media? How does race influence our understanding of sexuality and the family? And how does race intersect with crime?

This [course] . . . makes it possible for readers to make these and other connections among race, history and legal doctrine. Yet the task is not easy—reading about race and races requires us to think critically about the powerful and ingrained modes of thinking about and expressing racial ideas. Here are some critical questions that should guide your study of race:

1. MAKE THE IMPLICIT EXPLICIT. Look for the assumptions underlying discussions about race and state them. Many implicit assumptions, when articulated to the world, demonstrate their own inadequacy. Is one racial group being privileged over another? What unstated assumptions about gender, sexual orientation, wealth, or physical ability are part of discussions about race?

2. LOOK FOR THE HIDDEN NORM. What perspective is being universalized as the perspective for all people? Is that view really representative and objective? Is "the way things are" being used to perpetuate oppression?

3. AVOID WE/THEY THINKING. In a country based on the ideal of democratic inclusion, consider whether race is being used to foster that inclusion. We/they thinking is usually designed to render some group outside the polis. Who is defining the included "we" and for what purpose?

4. REMEMBER CONTEXT. People do not live in the abstract; they live situated lives. Examining the context in which a problem arises may reveal levels of unsuspected complexity, but will also avoid facile solutions that fall into the traps listed above.

5. SEEK JUSTICE. Be skeptical of traditional .. arguments to avoid change such as "the slippery slope," the intent of the framers (who excluded from voting representation Indians, women of all colors, and only counted African Americans as 3/5 persons), or reliance on discriminatory precedent. Ask the question, "What is a just result that fosters democratic inclusion?"

6. CONSIDER THE NATURE OF THE HARM Is it minimal or serious? Whose characterization is being given credibility? Be sure to listen to the voices of those most harmed.

7. TRUST YOUR INTUITION. Trina Grillo wrote: "[Wie must believe what our bodies tell us. They teach us to check for the deep, internal discomfort we feel when something is being stated as gospel but does not match our truth. Then they teach us how to spin that feeling out, to analyze it, to accept that it is true but to be able to show why that is so. They also teach us to be brave." Trina Grillo,anti-essentialism Anti—Essentialism and Intersectionality: Tools to Dismantle the Master*s House, 10 Berkeley Women*s L.J. 16, 22 (1995)

8. ASK, WHO BENEFITS? Practices, rules, and legal doctrines often benefit one group (usually the majority) at the expense of another. Ask yourself, why was this rule adopted and who benefits from its observance? If a rule turns out to be unfair, what prevents us from changing it?

This [course] offers tools, histories, and analysis for the study of race. No single [course]. . . however, can begin to capture the full richness and varied experiences of race in a large, multiracial society like ours. Readers may wish to pioneer new forms and subjects of critical analysis to examine further themes we explore or mention. For example, how does race intersect with territorial status? How do race and racism play out in the history of insular peoples? With gays and lesbians? What is the intersection of race with issues of class? Readers may want to examine issues of comparative and international law. How have other western, industrialized societies dealt with race and status questions, or with hate speech? What about non-European or non-industrialized societies? What do different world religions have to say about racial justice and social reform?

Much, then, remains to be done. In the hope that a comparative, historical, and politically engaged discussion of race can begin to illume what has been called—and what seems to remain—America*s most intractable problem, we offer this . . .. [course].


Philosophy of Teaching

How one teaches, is necessarily influenced by what one perceives as the goals of legal education. Certainly, the primary goal is to prepare you to be effective lawyers, judges and policy makers. At a minimum, these goals include helping the student to develop the ability to:

think critically, precisely, and clearly;>
express his or her self succinctly;>
understand the expressions of others; particularly those who are different from his or her self;>
understand human nature, particularly the motivations and needs of his or her clients, opponents, jurors, judges, etc.;>
use the techniques of the legal profession to represent a client in general matters, to recognize where you lack competence, and to comply with accepted ethical standards>
>
While it is hardly arguable that preparing you to be an effective lawyer is an important goal, it is not the only one. Many of you will be law makers and policy makers, and training you to understand the values implicit in the law is an important goal. Another important goal is to train you to address in a systematic manner your social responsibilities as an individual lawyer and your collective responsibilities as a member of the bar. This includes a student's responsibility to assist the community in maintaining an accessible, effective and socially responsible legal system.

The primary focus of my teaching method is to provide you an educationally sound introduction to "Race and Racism in American Law". Furthermore, given the impact race and gender have on the law (and vice versa) my approach to teaching is to explore explicitly diversity issues as a component of all aspects of law.

 

A. Teaching Objective #1: Educationally Sound Pedagogy

An educationally sound legal pedagogy is a philosophy of legal education grounded in known educational theory. To be so grounded, an educationally sound legal pedagogy:

trains you to solve legal problems by providing you with working program for solving problems;

provides you with criteria for indicating specifically what progress you are making;

evaluates your performance in accordance with the criteria set;

provides you with the opportunity to practice each new skill throughout the learning process; and,

provides you with adequate instruction on how to study for law school and this course.

 

B. Teaching Objective #2: "Race and Racism in American Law" Teaching Objectives

Substantive law teaching objectives are those objectives that relate directly to the substantive area of the law. They can be divided into two categories: knowledge and skills/abilities. The objectives of this course are:

to provide you with a basic understanding of the structure of the legal system and how it impacts different individuals based on race;

to provide you information about selected principles of law (or black letter law) and significant issues (or unsettled matters) in race law;

to help you understand the value implications of legal choices and race law;

to help you develop and improve your analytical skills including understanding, issue-spotting, problem-solving, judgment and synthesis;

to help you to understand the importance of inference and intuition in problem definition and problem-solving; and

emphasize that "personal neutrality" is not necessary to scholarly objectivity.

 


C. Teaching Objectives #3: Bias-Conscious Legal Pedagogy

Class, disability, gender, race, religion and sexual preference issues are such an integral part of our society (and the legal profession) that we often overlook how the law affects individuals with different backgrounds differently. In a diverse society, such as ours, understanding of how different class, disability, gender race and sexual preference are affected differently by the law is essential. This is true whether the person is a defendant, plaintiff, lawyer, juror, judge or law student. Diversity skills should be a normative part of the value system of the practicing attorney. An education which is aware of diversity:

explores how racial, ethnic, gender, class, disability, cultural and sexual orientation are related to and impacted by the structure of law. In particular, it illuminates the connection between racial and gender issues and the values, interests, rules and theories that appear to be neutral but, are in fact a representation of the values of the dominant culture;>
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broadly frames classroom discussion so that we step outside the doctrinal bounds of the law to critique the rules and legal practice; and,>
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focuses discussion on problems, interests and values that reflect a broad range of perspectives .


Course Outline

Week # Subject #1 Subject #2
Introduction to the Course
1 Defining Race The Law and  Society
Race and Ethnicity
2 Defining Prejudice, Stereotype, Racism and Discrimination Social Inequality: 
Prejudice and Stereotypes
     
3 European American and White Privilege Internalized Oppression: Privilege and White Supremacy
 Education
4 American Indian:   
  Conquest to Allotment
5 American Indian: Reorganization/ Contemporary Issues Economic Inequality
6 African Americans: Slavery/Reconstruction Health Inequality
7 African Americans:  The Law: 
Legal Apartheid, Civil Rights and the Post-Racial America         Criminal Justice
8 Latinos: Mexican Americans and the Treaty Guadalupe Hidalgo Residential Segregation
9 Latinos: Puerto Rican and Independence Media
10 Asian Americans: Chinese Exclusion Act and Immigration Immigration and         Citizenships
11 Asian Americans: Japanese Americans and Concentration Camp Land and Property
12 Pacific Islanders: Native Hawaiian Sovereignty Social Development
13 Arab Americans and Racial Profiling/ Global Racism Undoing Racism

 

 

 

 


Teaching Methods

Most of your learning will happen outside of the classroom and independently of me or any other professor. In fact, many professors, (me included) will test you on significantly more than can ever be covered in class. My role is to structure my course in such a way as to facilitate your self-directed learning and to help you excel. I do that through the following: detailed syllabus, assigned readings, problems and classroom instruction.

 

A. Detailed Syllabus

The syllabus for this course consists of this webpage and connected webpages. The syllabus is an important study tool. It provides you with specific guidelines as to my expectations regarding what you should learn, what skills and understanding I value and how I organize the content of the course. However, the syllabus is not a contract and I retain the right to modify it at my discretion.

 

B. Assignments

Assignments consist of both readings and films. The assigned reading provides you with the opportunity to obtain rule and process information. It is my expectation that you will be thoroughly familiar with the assignment and completely prepared for class participation.

In general, the class will not cover the reading material directly. Most of your learning is expected to be achieved through reading, discussion and online activities. Of course, If you have questions or comments about the reading you should raise them during the class discussion or you may come to my office.

 

C. Reflective Learning

What is the role of reflection in the learning process?

Students sometimes view reflective writing as an annoying interruption to the serious business of developing content knowledge in their subject area. However, there are sound reasons why reflective writing is included in student assessment. Reflective writing tasks are given to students to help students learn through reflection, precisely because of the established link between reflection and deeper learning. As well as facilitating learning and monitoring learning, the intention is to produce graduates who have acquired the habit of reflection as a means of continuing to learn and grow in their professions. Reflection can lead to:

personal growth
professional growth
meaningful change.

Reflection can help you to:

better understand your strengths and weaknesses>
identify and question your underlying values and beliefs>
acknowledge and challenge possible assumptions on which you base your ideas, feelings and actions>
recognize areas of potential bias or discrimination>
acknowledge your fears, and>
Identify possible inadequacies or areas for improvement.

Reflection can lead to greater self-awareness, which in turn is a first step to positive change – it is a necessary stage in identifying areas for improvement and growth in both personal and professional contexts. Taking time to reflect can help you identify approaches that have worked well, and in that way reinforce good practice.

 

D. Classroom Instruction Using Cooperative Learning

The primary teaching technique in this class is cooperative discussion. In this class, cooperative learning will be used to:

teach specific content,
ensure active cognitive processing during class and
provide long-term support and assistance for academic progress.

During the past 90 years more than 600 research studies have been conducted comparing the effectiveness of cooperative, competitive and individualistic efforts. These studies have been conducted by a wide variety of researchers in different decades with different age subjects, in different subject areas and in different settings. More is known about the efficacy of cooperative learning than about the so-called "Socratic method" or lecturing.

From this research you may expect that the more you work in cooperative learning groups the more you will learn, the better you will understand what you are learning, the easier it will be to remember what you learn, and the better you will feel about yourself, the class, and your classmates.

 

E. Peer and Self Assessment

Peer and self assessment is an essential lawyering skill. Lawyers participate in the assessment process through evaluation and critique of the work of lawyers, judges, paralegals and other. Furthermore, engaging in peer and self-assessment contributes to the development of critical thinking and communication skills. Peer assessment assess some generic skills such as communication and teamwork. Such peer assessment takes a variety of forms, including providing feedback on the written work or oral presentations of their peers. In this course, peer assessment tasks encourage and enable you to develop the skill of critical review. You consider specified assessment criteria distinguish between different levels of achievement, or standards; and, provide specific recommendations on how the critiqued work could be improved.

Essentially, peer assessment develops the skills necessary for effective self-assessment. Self-assessment is fundamental to your learning, including their ability to benefit from the feedback received from others. Using tools and quizzes, you test your own knowledge or skills. You make evaluative judgements about their work.


Evaluation and Grading


Your grade in the course will be based on:

InClass Participation   20 %

Online Participation   20 %

Reflections          30 %

Learning Objective Assignment   10 %

Annotated Bibliography   20 %

No Exam

The scores posted on Moodle are not your official grade. The scores are not final even when posted and are subject to change. The scores may be subject to the curve. Your official grade is the grade reported by the registrar's office.

Overall Grading Norm (Example)
(Subject to the Change)

Below is an example of the grading norm that I typically use to assign final grades. This norm is flexibility applied and is subject to application of the curve. Please note that this range applies to "Overall" score. It is possible to have many individual scores that fall in a lower grade range but have a higher overall score.

Grade Range>
Score Range

A+, A, A->
90 to 100

B+, B, B-,>
80 to 89

C+, C, C->
70 to 79

D. D+>
60 to 69

F>
0.0 to 59

Understanding the Curves. If your scores is consistently above the mean (average) -- than your final grade is likely to be a B- or higher. That is if the average is 76 and your score is 79 than your final grade is likely to be a B-. If your scores are more than one standard deviation below the mean you are likely to make a "C (2.00)" or lower.

While a "C (2.0)" is a passing grade for the course, the impact can be the equivalent of a failing grade because you need a 2.2 average to graduate.


 

Evaluation and Grading: InClass Participation

InClass Participation

In-class participation will be based on attendance, preparation for class (class questions), effective participation in the small group cooperative learning process and large group discussion.

This is a cooperative participatory learning class. That means that your absence affects the learning of others. Consequently, missing classes significantly affects your grade. Missing any class will affect your grade, missing more than two classes (which is the equivalent of four classes) will significantly affect your class participation grade.

However, class participation means more than showing up for class. Class participation includes actively participating in class including being adequately prepared.

Attendance is required. Attendance will be taken at the beginning of each class hour. Students who are not seated and prepared to begin class when attendance is taken will be counted as tardy. A tardy counts as an absence.

"Excused absence" means documented illness of self, documented illness of a child, school-sponsored participation in competitions, or a family emergency. "Family Emergency" is limited to death or catastrophic occurrence affecting the student's immediate family or closely-extended family. Flat tires and similar automotive failures, computer problems, speeding tickets, work, interviews, court dates, etc. are per se unexcused absences.

Class Participation requires presence during the entire class period. Students should not leave the classroom once class has begun except in emergencies.

Class Participation requires attention. Students should refrain from engaging in activities that are disruptive to the class. Professional conduct requires that students refrain from eating, talking or laughing while others are speaking, passing notes, playing games, reading newspapers, or in any other manner disrupting the educational process by being rude or inattentive. Students acting in an unprofessional manner will be asked to leave the classroom and will be counted absent for that class. During small group, simulations and large group discussion all computers should be off.

You may not use Blackberries, Treos, mobile phones, and other handheld devices. You must turn off such devices before coming to class. Set to vibrate is not acceptable. If your cell phone rings during class you will be asked to leave and the day will be count as an absence. Checking your messages, Surfing the web is by definition NOT paying attention.

Class Participation requires preparation. Occasional inability to complete the assignments is understandable. Missing more than three discussion questions will affect your grade. If you are not prepared for class by having your questions completed before class, your class participation grade will be considered unprepared.

Your daily class participation grade will be evaluated based on a combination of your self evaluation and my evaluation. Your Evaluation MUST be submitted online within 15 minutes of the end of class. Failure to submit your online assessment will result in a grade of "0". e closed. When laptop use is permitted, the only permissible use is note-taking.

Evaluate Your Class Participation for Today>
(Must Complete and return at the end of class)

95/19>
I was throughly prepared. I contributed readily to the conversation but didn't dominate it. I made thoughtful contributions that advance the conversation. I showed interest in and respect for other views. I participated actively in small groups. I took notes or reported for the small group AND I raised specific diversity bias issues related to the topic at hand.

90/18>
I was thoroughly prepared and contributed readily to the conversation. I contributed occasionally without prompting. I participated actively in small groups. I took notes or reported for the small group OR I raised diversity/bias issues related to the topic at hand.

>
85/17>
.I showed interest in the discussion, listened attentively and participated actively in small groups. I was prepared and I contribute to large group discussions

80/16>
I was prepared, but I did not voluntarily contribute to discussions and gave only minimal answers when called on. I showed interest in the discussion, listened attentively and participated actively in small groups..

65/13>
I was prepared. I did not contribute to small group discussion OR . I participated in a problematic way; I may have talk too much, made rambling poor tangential contributions, continually interrupt with digressive questions.

45/9>
I attended class but was not prepared. I did not have my problems for class. Or I tried to bluff my way when unprepared or otherwise dominate discussion. I failed to acknowledge cues of annoyance from the professor or student. Or I did not contribute to either small group discussion or large group discussion.

0>
Student did not attend class or if the student attended they were disruptive>
.

If you gave yourself a grade of 90 or 95, explain the bias point you made. You must do this for a 95 grade. You only need to do this for a 90 grade if discussing bias was the basis of earning a 90.


Evaluation and Grading: Online Participation

Online Participation

Online Instruction Defined

Online instruction is any formal educational process in which the instruction occurs when the learner and the instructor are not in the same place and Internet technology is used to provide a communication link between the instructor and students. Different forms of online instruction include:

o Sharing information on a web site (example: course syllabus/ web site))>
o Providing practice for new concepts by using online activities such as simulations and games>
o Communicating one-to-one or one-to-many via email for instructional purposes>
o Conducting discussions by using a threaded discussion board>
o Conducting discussion by using chat>
o Holding office hours by using chat or bulletin board>
o Delivering library resources via the Internet (example: Electronic databases, electronic course reserves)>
o Giving practice tests or evaluating performance by using online assessments>
o Submitting assignments electronically

>
Online Expectations

Participation on Moodle is integral part of this class. Any questions about the course should be posted under "Student FAQ" in Moodle.

Your online participation will be evaluated on your participation in the discussion forum, your completion of glossary entries, and your weekly reflection.

Moodle has many ways for me to evaluate your participation. For instance, I can determine the number of primary discussion postings, the number of secondary forum postings, the postings read, etc. If a person tries to game the system, i.e., repeatedly viewing the same postings, I can determine that and the person will be penalized.

Glossaries

Each week there will be at least one glossary to be completed. You should include terms, concepts and ideas related to the race, racism and the law concept being studied. Each week you should identify at least one term, concept or idea and define or explain it. You should review all the terms for members in your group and comment on two definitions.

The definitions can not be copied from the book but should be in your own words.. Examples and Hypos may be include where appropriate. As you study and gain better understanding you should feel free to update your postings.

Rubric for Glossary Terms

The definition is of a fundamental term, principle, or concept , rule, element, standard or test. The definition is highly accurate, thorough and complete. The definition includes a reference to a relevant legal case, a hypothetical, example, illustration or clarification. The definition includes the location in the reading or other source.

5 Well written definition and all the appropriate elements included>
4 Well written definition but missing a few elements>
3 Definition needs some improvement but all the elements are present>
2 Definition needs some improvement and is missing a few elements>
1 Definition needs substantial improvement, elements may or may not be missing>
1 Page reference not included>
0 No definition

Your comment should point out how the entry could be improved. Be sure to note ambiguities or inaccuracies.

Discussion Questions

For each assigned reading you will develop a question to be used in small group discussion. The question should promote critical thinking over the content. It can connect current studies to previously studied material. To the extent possible it should promote critical thinking about the role of law, lawyers and the legal system including law school in promoting or eliminating racism.

Questions should explore the underlying value implications of the reading. You may want to raise questions which will explore the point at which a value important to you is violated; to write question which challenge the desirable or undesirable consequences of a position taken in the reading; to write questions which make analogies to other things that you have learned; or to write questions which explore the priorities being set by some aspect of the reading.

 


Evaluation and Grading: Reflection Papers

Reflection papers serve several purposes.

o The process of putting thoughts on paper proved to be a meaningful learning experience.>
o Reflection papers demonstrate not only that you are reading the material, viewing the videos and preparing for class, but also that you are pondering the issues.>
o Reflection papers allow you to articulate ideas and arguments while you are reading and thus be better prepared to participate in discussion during the next class.>
o Reflection papers provide a mechanism to explore ideas that are not necessarily covered in class or that you may be hesitant to assert verbally. They allow you to apply what you are learning to your personal life experiences.>
o Reflection papers develop complex insights and theories, and allow you to speculate about the future. Most significantly, reflection papers allow you to engaged in the process of experiencing the harmony or dissonance between the perspectives described in the readings and your own. Reflection paper privileges experience and the forceful articulation of that experience.

Reflection papers should explore the underlying value implications of the reading and videos and relate it to your own personal experience and observations.

You may want explore the point at which a value important to you is violated; to challenge the desirability of consequences of a position taken in the reading; to make analogies to other things that you have learned; or to explore the priorities being set by some aspect of the reading or videos.

While reflection papers are personal in nature, they must be significantly connected to the law and the role of the law in maintaining or alleviating racism. It should be clear from your reflection that it is based on your experience, the readings, the videos and the class discussion.

Reflection papers should be at least 700 words in length.

Evaluating Your Reflection Peer Assessment

On most of the reflections we will use peer assessment to provide feedback. "peer assessment is a process used for checking the work performed by one's equals (peers) to ensure it meets specific criteria. Peer [assessment] is used in working groups for the law and for many professional occupations because peers can identify each other's errors quickly and easily, speeding up the time that it takes for mistakes to be identified and corrected. Generally, the goal of all peer review processes is to verify whether the work satisfies the specifications for review, identify any deviations from the standards, and provide suggestions for improvements. ". The expectation is that you will make more than a good faith effort in conducting all peer assessments.

Notes on Grading of Peer and Self-Assessment on Moodle

The score on moodle consist of two parts - submission grade and assessment grade. The assessment grade is based on how well you do the assessment. Just doing the assessment is not enough, if you are too generous or too restrictive in your assessment your grade will be lower.

There is a temptation to give average scores, to give all high scores or to give all low scores. Such a strategy will inevitably affect your assessment grade by significantly lowering it. Moodle compares your assessment to the teacher's assessment and your assessment grade is based on that calculation.

 

Learning Objective Assignment

Using the teaching objectives from the syllabus, the table of contents of the book and the lesson objectives as a starting point, write eighteen specific learning objectives for yourself for this course.

Your objectives should be concrete and measurable.

At least one objective for each of the following lesson:>
• Talking Race>
• Defining Race>
• Prejudice, Stereotypes and Biases>
• Racism and Discrimination>
• American Indians: Conquest to Termination Period>
• American Indians: Self-Determination/Contemporary Issues>
• Black Americans: Slavery, Reconstruction and Reparations>
• Black Americans: Jim Crow and Anti-Black Racism>
• White Americans: Defining Whiteness>
• White Americans: White Privilege>
• Latinos: Mexican Americans: Treaty of Guadalupe Hildago, Labor>
• Latinos: Puerto Rican and Independence>
• Asian Americans: Chinese Americans and Chinese Exclusion Act; Southeast Asian>
• Asian Americans: Japanese Americans and Internment in Concentration Camps>
• Native Hawaiian and Pacific Islanders: Sovereignty Issues>
• Arab Americans and Other Middle Eastern Americans: Terrorism and Racial Profiling>
• Global Racism>
• Responses to Racism

At least one objective for each of the six level of Bloom's Revised Taxonomy>
• Remembering>
• Understanding>
• Applying>
• Analysing>
• Evaluating and>
• Creating.

One objective related to implicit bias and the law

For each objective, identify which lesson it is for, which level of Bloom's taxonomy and whether it covers implicit bias.

Read the following to help you write learning objectives: Guidelines for Writing Learning Objectives

Before writing your objectives, get an overview of the course, review the table of contents of both the assigned books and review the syllabus

Keep a copy of your learning objectives because at the end of the semester you will have to write a reflection paper which discusses how well your objectives were met.

If earn an unacceptable on you will be required to revise your assignment until it is acceptable. If you fail to turn in an acceptable assignment, you will earn a zero on the assignment.


Evaluation and Grading: Annotated Bibliography

1. Overview. Your annotated bibliography may address any issue in race and racism. As appropriate your Annotated Bibliography must cover the professional aspects of the topic such as, sociology, medicine, psychology.

2. Annotated Bibliography. The annotation should include: citation, description, critical comment and total number of pages read. The description should be two to three paragraphs but no longer than a half a page. If you read a book then you should annotate each chapter. Your description includes a synopsis of the author's primary points and a critique of those points. It should include whether the source contains a bibliography. Your bibliography should include constitution, cases (federal/state), statutes and regulations. Your sources must also include non-law scholarly sources. You may not include news articles and articles from popular press.

3. Short Reflection Essay. The essay should be at least 1800 words. It is in the nature of a reflective paper. What is the problem or issue? What did you learn? What is the current law? What are the unresolved sociological, legal, health care, medical, tort, psychological, or ethical issues? How has the readings and interviews impacted your views and opinions? Where do you think the law should go on the issue?

4. Thesis Statement. You must develop a clear and concise statement of the thesis for your Annotated Bibliography. The thesis statement is the logical core of your study. The thesis statement then provides you structure for tailoring your research. The thesis statement should not assume a warlike stance or a tone of shrill advocacy. Rather your statement should offer a rational defense and as precisely formulated as you can make it. Or you may raise a precise question about something controversial and your research attempts to answer it. Your statement should be 150 to 250 words.

5. Preliminary Bibliography

a. Your Preliminary Bibliography should include at least:>
i. 2 law review articles>
ii. 2 Statute or regulation>
iii. 1 non-legal professional, interdisciplinary article;>
iv. 1 article that significantly discusses racial aspect of the issue

b. All items should be clearly relevant to the thesis statement.

c. All items should appropriately formatted according to Bluebook, If you are unsure about how to cite something you should post a question in the Student FAQ.

i. Change to Bluebook>
(1) Do NOT abbreviate journal title, use full names>
(2) Include short 1 sentence parenthetical on relevancy, particularly cases, statues and regulations

6. Annotation of First Law Review Article

a. Attach a copy of the article with your assignment.

7. Final Annotated Bibliography Essay

a. The paper includes>
i. Short Essay at least 1800 words (minimum for a C+)>
ii. Annotations (at least relevant 8 articles minimum for a C+); Assuming on point, quality annotations the following>
(1) B 10 relevant items>
(2) A 12 relevant items>
(3) separately attach an copy of each item read

8. The bibliography must be turned on moodle. The number of points earned will be based on the:

quantity of readings>
the relevancy of the readings to your topic>
the comprehensiveness of your cites (such statutes, cases, law review)>
the quality of your annotations.

>
Your annotated bibliography should be organized using the following headings as appropriate:


Essay (at least 1800 words)

Bibliography (listing of citations)>
>
Annotations>
>
Federal Law>
Constitution>
Statutes>
Regulations>
Cases>
>
State Law>
ConstitutionStatutes>
Regulations>
Cases>
>
Law Review Articles and Book Chapters

Interdisciplinary Professional Articles and Book Chapters

Other (News articles, popular press )


Resources

Required Resources

• Lawschoolmoodle.com: http://lawschoolmoodle.com

• Race and Races: Cases and Resources for a Diverse America>
Author : Juan Perea, et. al.,>
Publisher : Thomson/ West>
ISBN Number :978-0-314-14998-5>
Edition or Year (Latest)>
Required

• Racial and Ethnic Relation>
Author : Joe Feagin and Clairece Booher Feagin>
Publisher : Pearson Prentice Hall>
ISBN Number : 973-013-224404-6>
Edition or Year (Latest)>
Required

• Race Law Stories>
Author : Racel Moran, et. al>
Publisher : Foundation Press>
ISBN Number : 978-1-59941-001-2>
Edition or Year 2008>
Required


Other Materials

Academic Accommodation . See Website

Academic Integrity. See Website

Academic Support Services. See Website

Copyright Notice. See Website

Estimated Time Requirements. See Website

How to Use Moodle. See Website

Lesson Outlines. See Website

Navigating around Moodle. See Website

Policies See Website

Preparing Technologically See Website

Schedule of Due Days and Times See Website

Welcome Letter and First Assignment See Website

 

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