Oregon Law faculty focus on access to justice in scholarship

William K. Knight Law Center

In an ongoing effort to address structural inequalities and counteract institutionalized racism, several faculty at Oregon Law have been researching in the area of “access to justice.” During the 2019-20 academic year alone, law faculty published seven articles on topics related to access to justice, with at least eight more forthcoming in 2020-21. Faculty have also been participating in symposiums and national discussions on topics of anti-racism, systemic unfairness, legal reform, and protections for the underprivileged.

Jen Reynolds, Associate Dean of Faculty Research and Programs at the law school, noted that new scholarship is essential to describing and reimagining how our legal, economic, social, and political structures provide justice. But she also pointed out that scholarship is just one of the ways that faculty can use their platforms to take on societal issues.

“In addition to producing this scholarship, we are making structural changes to the curriculum;  incorporating anti-racism into courses; and promoting events that explore anti-racism, structural inequities, and historic injustice from the perspective of our centers, programs, and faculty members,” Reynolds said.

Reynolds also stated that many faculty members work across disciplines and with colleagues inside and outside the academy, producing work that has an impact on all areas of society.

A look at access to justice scholarship during the 2019-20 academic year

Anti-racism

Sarah Adams-Schoen, “Dismantling Segregationist Land Use Controls,” 43 Zoning & Planning Law Reports 1 (2020).

Erik Girvan, “Towards a Problem-Solving Approach to Addressing Racial Disparities in School Discipline Under Anti-Discrimination Law,” University of Memphis Law Review (forthcoming) (symposium).

“The Law and Social Psychology of Racial Disparities in School Discipline,” in Advances in Psychology & Law, Vol. 4 (Brian H. Bornstein and Monica K. Miller eds., Springer International, 2019).

“Tail, Tusk, and Trunk: What Different Metrics Reveal About Racial Disproportionality in School Discipline” (with Kent McIntosh and Keith Smolkowski), 54 Educational Psychologist 40 (2019) (peer reviewed).

“A Double-Blind Randomized Trial of the Effects of Providing Discipline Disproportionality Data Reports to School Administrators” (with Kent McIntosh, Keith Smolkowski, Cody M. Gion, Lauren Witherspoon, and Eoin Bastable), Educational Researcher (forthcoming) (peer reviewed).

Michelle McKinley, “Juana de Godinez,” in Freedom in Degrees: A Collective Biography of Black Women and Emancipation in the Americas (Tatiana Seijas, Terri Snyder, and Erica Ball eds., Cambridge University Press, forthcoming).

Civil rights

Rebekah Hanley, “Model Dress Code: Promoting Genderless Attire Rules to Foster an Inclusive Legal Profession” (with Malcolm MacWilliamson), 33.3 Journal of Civil Rights and Economic Development (forthcoming 2020).

Jennifer Reynolds, “Talking About Abortion (Listening Optional),” Texas A&M Law Review (forthcoming 2020).

Elizabeth Tippett, “Opportunity Discrimination: A Hidden Liability Employers Can Readily Fix,” 23 Employee Rights and Employment Policy Journal 165 (2019)

Human rights

Michael Fakhri, “How the WTO Constructed Inuit and Indigenous Identity in EC-Seal Products” (with Madeleine Redfern), in Indigenous Peoples and International Trade: Building an Equitable and Inclusive International Trade and Investment  Agreement (John Borrows and Risa Schwartz eds., Cambridge University Press, 2020).

Prison reform

Angela Addae, “Challenging the Constitutionality of Private Prisons: Insights from Israel,” 25 William and Mary Journal of Race, Gender, and Social Justice 527 (2019).

Kristen Bell, “A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions,” 54 Harvard Civil Rights-Civil Liberties Law Review 455 (2019).

Protections for the underprivileged

Sarah Adams-Schoen, “Two Steps Forward: Promoting Inclusive Infill Development with Middle Housing by Right and Increased Protections for Tenants,” 28 Journal of Affordable Housing and Community Development Law 363 (2019).

Tom Lininger, “Judges’ Ethical Duties to Ensure Fair Treatment of Indigent Parties,” 89 Fordham Law Review (forthcoming 2021) (symposium).

School and youth

Erik Girvan, “Restorative and Conflict Resolution Interventions” (with Rhonda Nese, Sara McDaniel, Paul Meng, Lisette Spraggins, Vikki Babbs), in Peers as Change Agents: A Guide to Implementing Peer-Mediated Interventions in Schools (T.A. Collins and R.O. Hawkins eds., Oxford University Press, forthcoming).

“The School-to-Prison Pipeline: How Federal Anti-Discrimination Law Fails to Protect Equal Educational Opportunity,” in The Oxford Handbook of U.S. Education Law (Kristine L. Bowman ed., Oxford University Press, 2019).

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