Fletcher, Matthew L. M., Teaching Indian Law in the 21st Century (September 12, 2022). Abstract available at SSRN: https://ssrn.com/abstract=4216731 or http://dx.doi.org/10.2139/ssrn.4216731. Copy of paper also available on Fletcher's blog, Turtle Talk https://turtletalk.blog/?s=teaching+indian+law+in+the+21st+century
Since the first Indian law classes were offered in the late 1960s and early 1970s, law teachers mostly have considered the field a niche specialty, even a backwater, unnecessary to anyone not likely to go into law practice in Indian country. ... Modern tribal nations make their own laws. Here I give examples of tribal court cases and tribal statutes law teachers can use to incorporate Indian law into virtually any common law course.
Sarah J. Schendel. Due Dates in the Real World: Extensions, Equity, and the Hidden Curriculum. Geo. J. Legal Ethics 35:2, Spring 2022.
The author "makes an argument for a more robust discussion of extensions in law school: at its heart, an issue of equity. When rules around extensions are left vague as part of a “hidden curriculum” that students are presumed to have access to, those with preexisting privileges or skills may unintentionally benefit. Including these discussions within legal education also allows for important lessons on practicality and professionalism beyond the Model Rules and may positively impact student procrastination and improve self-direction."
Christina Hendrickson. Bloomberg Law. Jan. 24, 2022 (Link is to Bloomberg Law which requires a law school login.) A PDF is below.
By Anthony Aycock. Information Today, Inc. 1.25.2022
[W]hat exactly is critical race theory? How did it get to the forefront of political discussions? And what are the best information sources on it f?
"I wrote this piece in direct response to the murders of Delaina Ashley Yaun, Paul Andre Michels,
Xiaojie Tan, Daoyou Feng, Hyun Jung Grant, Suncha Kim, Soon Chung Park, Yong Ae Yue in
Atlanta, Georgia on March 16, 2021. I also wrote it in response to my own misconceptions of
DEI Chief Roles Hard to Fill Amid Wavering Commitments, Lawsuits. Law360. By Tatyana Monnay. 28 August 2023
Law firms are struggling to keep executive diversity, equity, and inclusion roles filled amid new challenges to hiring programs aimed at candidates from underrepresented backgrounds.
My Favorite Law Prof: How I Learned To Argue Open-Mindedly. Law360. By Frank Wu. 14 November 2022
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
Most workers think their companies’ diversity policies are BS. Fast Company. By By Gwen Moran. 30 August 2022 (no PDF)
Workers aren’t convinced that their employers are serious about creating fair and inclusive workplaces. A recent Catalyst report, “Words Aren’t Enough: The Risks of Performative Policies,” found that three-quarters of employees from four white-majority countries believe their organizations’ racial equity policies are not genuine.
For Attys Of Color, There's Not Enough Help On The Way Up. Law360. By Rachel Rippetoe. 26 August 2022 (login required)
When Joan Haratani was a young lawyer, there was a white partner at her old law firm who would drop in to her office every year on the same day, Dec. 7, the anniversary of the Japanese attack on Pearl Harbor.
Here’s What the Legal Profession Looks Like in 2022. 2Civility. By Laura Bagby, 18 August 2022. (no PDF)
(From Illinois Supreme Court Commission on Professionalism) White, male attorneys continue to make up the majority of lawyers in the U.S., according to the ABA’s Profile of the Legal Profession, an annual report on diversity in the legal profession that was released last month.
However, the number of female attorneys and those from underrepresented ethnic and racial communities is growing, especially among law students and associates.
The Legal Profession's Sisyphus Is Getting Really Tired: How long will it take before the profession looks like society at large? Above The Law. By Jill Switzer, 18 August 2022 (no PDF)
Do you know the myth of Sisyphus? He keeps pushing a rock up a mountain only to have it fall back when he gets it to the top. It’s like the legal profession with diversity, equity, and inclusion initiatives. Very slow progress up that mountain. Hopefully, unlike Sisyphus, DEI will scale the mountain and stay there, but it won’t happen any time soon.
Don’t Let Your Calendar Dictate Your DEI Initiatives. Harvard Business Review. By Nani Vishwanath. 20 June 2022.
It’s a common instinct for companies to look to the calendar for cues for when to show up for diversity, equity and inclusion. Unfortunately, that instinct leaves a lot to be desired. Celebrations or cultural holidays can be an important opportunity for programming or for furthering a critical conversation, but unfortunately we cannot rely on a handful of dates to make true social change. A better way to show up for diverse communities is to step away from the calendar. It’s okay if your company wants to honor Juneteenth or celebrate Pride month, but there’s critical work to be done beforehand to ensure that your contributions are honest, authentic, and last throughout the year.
There’s a scientific reason rules alone won’t end discrimination: Here’s what will. Fast Company. By Sian Beilock. 19 April 2022 (no PDF)
A cognitive scientist’s research on the relationship between emotional regulation and performance shows just how big a role feelings of belonging and togetherness play when it comes to reversing trends of inequity.
Transforming Law Firms' Diversity Intent Into Real Progress. Law360. By Jacqueline Simonovich and Lindsey Mignan. April 5, 2022 (login required)
In the summer of 2020, we saw a flurry of diversity and inclusion activity at law firms in response to the murder of George Floyd and the general social unrest in this country at that time. Many firms ostensibly renewed their diversity and inclusion initiatives.
While these renewed commitments were well intentioned, it was hard not to wonder — would all this talk actually translate into action? Or would these actions surpass the performative and translate into real, measurable progress?
Small changes can make college teaching more inclusive (opinion). Inside Higher Ed. By Rita Kamar and Brenda Refaei. 9 February 2022
"The pandemic and tumult over social justice have been challenging how educators approach teaching. Safety protocols and debates over the role of diversity, equity and inclusion in higher education have left many instructors feeling burned out. In such a state, it is helpful for us as educators to focus on small changes to our teaching that can yield big results for student success."
Pay Transparency, Pay Equity, Salary History—What’s New for 2022. Bloomberg Law. Christina Hendrickson. 24 January 2022 (login required)
The new year ushered in new laws in states and cities across the U.S. requiring companies to post salary ranges on jobs, refrain from asking about job candidates’ salary history, and more. Christine Hendrickson, vice president of strategic initiatives at Syndio, a tech company that helps employers analyze pay data, details some of the new laws and what employers must do to comply.
The FYI on CRT Information Today, Inc. By Anthony Aycock. 25 January 2022 (no PDF)
[W]hat exactly is critical race theory? How did it get to the forefront of political discussions? And what are the best information sources on it for librarians to recommend?
The Hazards of Female Lawyers Being 'Office Moms'. Law360. By Margaret McKeown & Roberta Liebenberg. 12 November 2021 (login may be requiired)
"Women are frequently credited with being the glue or the office mom who hold teams together and create a supportive office environment.... Much like the book by Rebecca Shambaugh from long ago, "It's Not a Glass Ceiling, It's a Sticky Floor," the question is how women can get credit for this important work without getting stuck, becoming glued down or being taken for granted."
Native America’s influence on American Democracy: the back story. Atlantic Civic Circle. By Tammy Joyner. 17 November 2021 (retreived 3.18.2022)
"More than 600 years before the United States existed, America’s original inhabitants were already practicing a form of democracy that Ben Franklin and other founders would later borrow from."
How to Comply With ABA's New Language Access Guidance. Law360. By Hilary Gerzhoy and Deepika Ravi. 5 November 2021, (may require login)
Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations,
Why Law Schools Should Require Justice Reform Curriculum. Law360. By Donna Mulvihill Fehrmann. 17 October 2021 (may require login)
As part of this required course on criminal justice reform, first-year law students should be taught the minimum skills to defend a client against criminal charges. Today, required curriculum in law school includes contracts, civil procedure and constitutional law.
Criminal law is also required, but it focuses almost exclusively on the theories and elements of criminal liability. Given the epidemic of wrongful convictions in this country, can it really be argued that contracts is more critical to the legal profession than criminal defense?
American History Myths Debunked: No Native Influence on Founding Fathers . Indian Country Today. By ICT staff 14 April 2017 / updated 3 September 2018 (retrieved 3.18.2022)
Was the U.S. Constitution the lightning rod of great governance it is thought to be, or was the Iroquois Confederacy the blueprint? Debunking the myth.
By Olivia Smith Schlinck. RIPS Law Librarian Blog. March 29, 2022
Law has a “citation gap”;... Priya Baskaran’s recent article in the Rutgers Law Review highlights the causes and consequences of this citation gap for women of color in the legal academy and suggests incorporating “radical citation practice” into legal scholarship both for law professors and for research assistants.