Resources on Equity & Inclusion: An Annotated Bibliography

A selective and annotated list of books and articles providing practical guidance on achieving a more equitable and inclusive law school environment.

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General Guidance on Equity and Inclusion


Anastasia M. Boles, Seeking Inclusion from the Inside Out: Towards a Paradigm of Culturally Proficient Legal Education, 11 Charleston L. Rev. 209 (2017).
Explains the concept of “cultural proficiency” and how we can use it to create a more inclusive law school environment.

Kevin R. Johnson, The Importance of Student and Faculty Diversity in Law Schools: One Dean’s Perspective, 96 Iowa L. Rev. 1549 (2011).
Describes the benefits that diversity can bring to legal education and scholarship.

Vernā A. Myers, Moving Diversity Forward: How to Go from Well-Meaning to Well-Doing (2011).
Written for the legal community, this book provides an introduction to diversity and inclusion, plus guidance on cultural competence, bias, privilege, and allyship.
Publisher’s description
KF300 .M94 2011 (law library 2nd floor)

Vernā A. Myers, What if I Say the Wrong Thing? 25 Habits for Culturally Effective People (2013).
This short and accessible guide introduces us to 25 simple steps for creating a more inclusive environment.
Publisher's description
KF300 .M944 2013 (law library 2nd floor)

Bias and Microaggressions


Jennifer L. Eberhardt, Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think, and Do (2019).
Explains how unconscious bias affects our perception, attention, memory, and behavior, and demonstrates its impact on education, employment, housing, and criminal justice. Offers practical suggestions for organizations and individuals on how to address unconscious bias.
Publisher’s description
BF575 .P9 E34 2019 (law library 2nd floor)

Implicit Racial Bias Across the Law (Justin D. Levinson & Robert J. Smith eds. 2012).
Explores how hidden biases shape different areas of the law, including IP law, corporate law, torts, and property law.
Publisher's description
KF384 .I48 2012 (law library 2nd floor)

Charisse C. Levchak, Microaggressions and Modern Racism: Endurance and Evolution (2018).
Explores the causes, manifestations, and consequences of microaggressions, with a focus on higher education, workplaces, and the media.
Publisher’s description
BF575 .A3 L48 2018 (law library 2nd floor)

Microaggression Theory: Influence and Implications (Gina C. Torino et al eds. 2019).
“In Microaggression Theory, the original research team that created the microaggressions taxonomy . . . address[es] these issues head-on in a fascinating work that explores the newest findings of microaggressions in their sociopolitical context.” – from the publisher

Regina Rini, The Ethics of Microaggression (2020).
An introductory source that explains microaggression and offers strategies for combating it. Illustrated with examples from media, politics, and psychology.
Publisher's description

Derald Wing Sue, Microintervention Strategies: What You Can Do to Disarm and Dismantle Individual and Systemic Racism and Bias (2021).
A guide to countering microagressions with "microinterventions."


Allyship

Cornell Health, Ally Up! Practice Effective Allyship (September 2019).
This short guide provides tips on how to operate in solidarity with and advocate for the rights and well-being of diverse groups of people.

Amélie Lamont, Guide to Allyship (March 2021).
A starter guide to allyship with a practical list of dos and don'ts.


Intercultural Competence


Susan L. Brooks, Marjorie A. Silver, Sarah Fishel & Kellie Wiltsie, Moving Toward a Competency-Based Model for Fostering Law Students' Relational Skills, 28 Clinical L. Rev. 369 (2022).
Discusses how law schools can teach relational compentency to law students in clinics and externships.

Andrea A. Curcio, Addressing Barriers to Cultural Sensibility Learning: Lessons from Social Cognition Theory, 15 Nevada L.J. 537 (2014).
Presents survey data showing that law students overestimate their ability to identify their own biases. Discusses how instructors can educate students about the role bias plays in the lawyering process.

The Ethics of Cultural Competence in Higher Education (Beverly A. Burnell & Heidi Schnackenberg eds. 2015).
Guidance on interacting with diverse cultures for instructors and administrators in higher education.

Neil Hamilton & Jeff Maleska, Helping Students Develop Affirmative Evidence of Cross-Cultural Competency, 19 Scholar: St. Mary's L. Rev. on Race & Social Justice 187 (2017).
Explains the importance of teaching intercultural competence to law students and describes curricular efforts at four law schools.

Intercultural Competence in Higher Education: International Approaches, Assessment and Application (Darla K. Deardorff & Lily A. Arasaratnam-Smith eds. 2017).
Focuses on improving learning outcomes for international students.

Antoinette Sedillo Lopez, Making and Breaking Habits: Teaching (and Learning) Cultural Context, Self-Awareness, and Intercultural Communication Through Case Supervision in a Client-Service Legal Clinic, 28 Wash. U. J.L. & Pol'y 37 (2008).
Presents five vignettes about cultural lessons students learned through the University of New Mexico Clinical Law Program, with guidance on how instructors can enhance the learning process.

James A. Sonne, Cross-Cultural Lawyering and Religion: A Clinical Perspective, 25 Clinical L. Rev. 223 (2018).
Awareness of religious differences is an important but often overlooked factor in cultural competence. This article describes how Stanford Law School has approached religion in its clinical program.


Gender Identity

Laura Erickson-Schroth & Laura A. Jacobs, "You're in the Wrong Bathroom!" and 20 Other Myths and Misconceptions About Transgender and Gender-Nonconforming People (2017).
Unpacks the most common myths and misconceptions about transgender and gender-nonconforming people, bringing together medical, social, psychological, and political aspects.
Publisher's description
HQ77.9 .E74 2017 (law library 2nd floor)

Eris Young, They/Them/Their: A Guide to Nonbinary and Genderqueer Identities (2019).
“Drawing on the author’s own experiences as a nonbinary person, as well as interviews and research, They/Them/Their shares common experiences and challenges faced by those who are nonbinary, and what friends, family and other cisgender people can do to support them.” –from the back cover
Publisher's description
HQ77.9 Y67 2020 (law library 2nd floor)


Creating an Inclusive Environment for Students


American Council on Education, Speaking Truth and Acting with Integrity: Confronting Challenges of Campus Racial Climate (2018).
Lessons and insights on how to address racist incidents on college campuses.

Mallika Balachandran, Roisin Duffy-Gideon & Hannah Gelbort, Speak Now: Results of a One-Year Study of Women's Experiences at the University of Chicago Law School, 2019 U. Chi. Legal F. 647.
This extensive study focuses on the University of Chicago Law School, but also references data about other law schools. It addresses gender issues that are common throughout legal education.

Lucy Barnard-Brak, DeAnn Lechtenberger & William Y. Lan, Accommodation Strategies of College Students with Disabilities, 15 Qualitative Rep. 411 (2010).
Explains the perspective and experiences of students who request accommodations.

Elizabeth Bodamer, Do I Belong Here? Examining Perceived Experiences of Bias, Stereotype Concerns, and Sense of Belonging in U.S. Law Schools, 69 J. Legal Educ. 455 (2020).
Examines the experiences of women and minority law students (particularly women of color), based on a survey of 2500 law students at 17 schools.

Bennett Capers, The Law School as a White Space, 106 Minn. L. Rev. 7 (2021).
Discusses why some law school environments may feel exclusionary to persons of color and reimagines a more inclusive space.

Nancy Chi Cantalupo, And Even More of Us Are Brave: Intersectionality & Sexual Harassment of Women Students of Color, 42 Harv. J. L. & Gender 1 (2019).
Presents evidence that women of color in higher education report sexual harassment at disproportionately high rates, and explores the importance of intersectionality in understanding the impact of harassment and violence.

Leslie P. Culver, White Doors, Black Footsteps: Leveraging "White Privilege" to Benefit Law Students of Color, 21 J. Gender Race & Justice 37 (2017).
Calls for more mentoring relationships between white faculty members and students of color.

Meera E. Deo, Two Sides of a Coin: Safe Space & Segregation in Race/Ethnic-Specific Law Student Organizations, 42 Wash. U. J.L. & Pol'y 83 (2013).
Investigates student perceptions of race/ethnic-specific law school student organizations. Concludes that such organizations may be necessary for creating safe spaces for otherwise marginalized students.

Chris Chambers Goodman & Sarah E. Redfield, A Teacher Who Looks Like Me, 27 J. Civ. Rights & Econ. Dev. 105 (2013).
Emphasizes the importance of faculty diversity in creating an inclusive environment for students.

Danielle Hall & David Jessup, Jr., First-Generation Law Students: How to Start Strong, Student Lawyer, Summer/Fall 2022, at 9.
Five tips for first-generation law students.

Power, Legal Education, and Law School Cultures (Meera E. Deo, Mindie Lazarus-Black & Elizabeth Mertz eds. 2019).
Challenges assumptions about law student success and examines inequities in legal education.
Publisher's description
K100 .P69 2020 (law library 2nd floor)

Louis M. Rocconi, Aaron N. Taylor, Heather Haeger, John D. Zilvinskis & Chad R. Christensen, Beyond the Numbers: An Examination of Diverse Interactions in Law School, 12 J. Diversity in Higher Educ. 27 (2019).
Offers suggestions on how to foster more interactions between law students from different backgrounds.

Laura Rothstein, Forty Years of Disability Policy in Legal Education and the Legal Profession: What Has Changed and What Are the New Issues?, 22 Am U. J. Gender & Soc. Pol’y 519 (2014).
Offers an in-depth examination of the disability policies of the ABA, AALS, LSAC, and NBBE. Identifies areas where additional attention is needed and offers recommendations for best practices.

Amy H. Soled & Barbara Hoffman, Building Bridges: How Law Schools Can Better Prepare Students from Historically Underserved Communities to Excel in Law School, 69 J. Legal Educ. 268 (2020).
Discusses factors that affect academic performance in law school and proposes ways that law schools can help underserved students succeed.

Symposium, #IncludeTheirStories: Rethinking, Reimagining, and Reshaping Legal Education, 2022 Utah L. Rev. 709.
This symposium includes eight articles from scholars and practitioners discussing best practices for exploring ethnic, gender, and related inequities in legal education and the legal profession.


Techniques for More Inclusive Teaching


Margalynne Armstrong & Stephanie Wildman, Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, 86 N.C. L. Rev. 635 (2008).
Suggests that law faculty should teach about racism and white privilege in first-year law courses, and shares advice on how to approach these challenging subjects.

Todd A. Berger, Male Legal Educators Cannot Teach Women How to Practice "Gender Judo": The Need to Critically Reassess Current Pedagogical Approaches for Teaching Trial Advocacy, 45 J. Legal Profession 1 (2020).
Examines how trial advocacy instructors can help female law students counter implicit gender bias in the courtroom.

Anastasia M. Boles, The Culturally Proficient Law Professor: Beginning the Journey, 48 New Mexico L. Rev. 145 (2018).
Offers advice on how law professors can teach more inclusively and help their students become more culturally proficient.

Anastasia M. Boles, Valuing the "Race Card": Teaching Employment Discrimination Using Culturally Proficient Instruction, 44 Thurgood Marshall L. Rev. 25 (2019).
Explains why some students of color feel marginalized or alienated in the law school classroom. Describes how the author responded by incorporating cultural proficiency into her teaching.

Susan L. Brooks, Marjorie A. Silver, Sarah Fishel & Kellie Wiltsie, Moving Toward a Competency-Based Model for Fostering Law Students' Relational Skills, 28 Clinical L. Rev. 369 (2022).
Explains how clinical legal education can help students build relational competencies such as cross-cultural communication and self-awareness.

Sean Darling-Hammond & Kristen Holmquist, Creating Wise Classrooms to Empower Diverse Law Students: Lessons in Pedagogy from Transformative Law Professors, 25 Berkeley La Raza L.J. 1 (2015).
Provides examples of how create a more inclusive classroom environment, based on successful efforts at UC Berkeley Law School.

Johanna K.P. Dennis, Ensuring a Multicultural Educational Experience in Legal Education: Start with the Legal Writing Classroom, 16 Tex. Wesleyan L. Rev. (2010).
Examines how eight different law schools are approaching multicultural education, followed by the author’s own suggestions on how to introduce multicultural topics into the first-year curriculum.

Nicole P. Dyszlewski, Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom (2021).
"Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum." - from the publisher
Publisher's description

Paula Gerber & Claerwen O'Hara, Teaching Law Students About Sexual Orientation, Gender Identity and Intersex Status Within Human Rights Law: Seven Principles for Curriculum Design and Pedagogy, 68 J. Leg. Educ. 416 (2019).
Provides curricular and pedagogical guidance for incorporating sexual orientation, gender identity, and intersex status into courses on human rights law.

Jeannie Suk Gersen, The Socratic Method in the Age of Trauma, 130 Harv. L. Rev. 2320 (2017).
Prof. Gersen defends the continuing value of the Socratic Method, while acknowledging problems it may present for some students. She shares her approach for making her teaching more equitable and inclusive.

Anne D. Gordon, Cleaning Up Our Own Houses: Creating Anti-Racist Clinical Programs, 29 Clinical L. Rev. 49 (2022).
Provides guidance on how law schools clinics can self-evaluate and improve.

Sarah Katz, We Need to Talk About Trauma: Integrating Trauma-Informed Practice into the Family Law Classroom, 60 Family Ct. Rev. 757 (2022).
Argues that family law courses are an ideal platform for teaching trauma-informed skills to law students.

Erin C. Lain, Racialized Interactions in the Law School Classroom: Pedagogical Approaches to Creating a Safe Learning Environment, 67 J. Leg. Educ. 780 (2018).
Offers guidance on how law school instructors should navigate issues of race in the classroom.

Sonia M. Gipson Rankin, What's (Race in) the Law Got to Do With It: Incorporating Race in Legal Curriculum, 54 Conn. L. Rev. 923 (2022).
"This Essay outlines cognitive dissonance theory, color blindness ideology, and its relationship to racial inequality, while providing classroom techniques that encourage dialogue related to conversations on equity and race." - from the abstract

Julie Spanbauer, Using a Cultural Lens in the Law School Classroom to Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013).
Offers examples of how instructors can engage with the diverse cultural perspectives of today’s law students.

Stanford Law School, Clearinghouse on Diversity, Equity & Inclusion Research: Cases and Supporting Materials for 1L Classes.
A list of cases that instructors can use in 1L doctrinal classes to discuss issues of diversity, equity, and inclusion.

Bonny L. Tavares, Changing the Construct: Promoting Cross-Cultural Conversations in the Law School Classroom, 67 J. Legal Educ. 211 (2017).
Suggests how law school faculty can help law students improve their intercultural competence.

Vulnerable Populations and Transformative Law Teaching: A Critical Reader (2011).
A collection of essays on how to incorporate issues of race, gender, sexual identity, nationality, and disability into the law school curriculum.
Publisher's description
KF336 .V85 2011 (law library 2nd floor)

Lois A. Yamauchi, Kazufumi Taira & Tracy Trevorrow, Effective Instruction for Engaging Culturally Diverse Students in Higher Education, 28 Int'l J. Teaching & Learning in Higher Ed. 463 (2016).
Describes how three university instructors applied new strategies of instruction to better engage culturally diverse students.


Hiring Diverse Faculty and Staff


American Association of Law Schools, Recruitment and Retention of Minority Law Faculty Members, in AALS Handbook: Statement of Good Practices (July 12, 2017).
Provides detailed recommendations on how law schools can improve faculty recruitment and retention efforts.

Guido Calabresi, Developing Appropriate Standards for Achieving Diversity in Faculty Appointments, 87 Fordham L. Rev. 959 (2018).
Discusses a wide range of diverse attributes to consider in hiring law faculty, with specific recommendations for best practices.

CLEA Committee for Faculty Equity and Inclusion, The Diversity Imperative Revisited: Racial and Gender Inclusion in Clinical Law Faculty, 26 Clinical L. Rev. 127 (2019).
Examines historical trends in the racial and gender composition of clinical faculty from 1980 to 2017. Discusses best practices for inclusive clinical faculty hiring.

Kevin R. Johnson, How and Why We Built a Majority-Minority Faculty, Chronicle of Higher Education, July 24, 2016.
The Dean of UC Davis Law School explains how and why his school built a diverse faculty.

Kenneth Oldfield, Structural Nepotism: On the Reluctance of Law Schools to Include Social Class Origins among their Faculty Diversity Goals, 69 J. Legal Educ. 239 (2020).
Explores the significance of social class in faculty hiring and offers suggestions on how to recruit faculty from diverse economic backgrounds.

Abigail J. Stewart & Virginia Valian, Recruiting Diverse and Excellent New Faculty, Inside Higher Ed, July 19, 2018.
Explains how search committees can attract a broad and diverse pool of candidates.

Kellye Y. Testy, Best Practices for Hiring and Retaining a Diverse Law Faculty, 96 Iowa L. Rev. 1707 (2011).
Specific recommendations on how to achieve a racially diverse law faculty.

Alina Tugend, How Serious Are You About Diversity Hiring?, Chronicle of Higher Education, June 17, 2018.
An in-depth look at efforts to improve diversity in hiring at a wide range of institutions in higher education.


Equity and Inclusion for Faculty and Staff


Robert S. Chang & Adrienne D. Davis, Making Up Is Hard to Do: Race/Gender/Sexual Orientation in the Law School Classroom, 33 Harv. J.L. & Gender 1 (2010).
In an exchange of letters, two law professors (one an Asian-American man and the other an African-American woman) share their experiences with bias in the law school environment. The piece concludes with suggestions for creating a more inclusive environment.

Meera E. Deo, A Better Tenure Battle: Fighting Bias in Teaching Evaluations, 31 Columbia J. Gender & Law 7 (2015).
Illustrates the biases against women of color in student teaching evaluations and recommends improved methods of teaching evaluation.

Meera E. Deo, Unequal Profession: Race and Gender in Legal Academia (2019).
"Unequal Profession is the first intersectional, empirical investigation into how race and gender affect law professors' lives. Meera E. Deo examines hiring, teaching, tenure, and more, bringing the experiences of diverse faculty to life while proposing mechanisms to increase diversity and improve legal education." –from the back cover
Publisher's description
KF272 .D47 2019 (law library 2nd floor)

Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutierrez y Muhs ed. 2012).
“[A] pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators.” – from the publisher


Diverse Guest Speakers and Panels


Michigan Tech Diversity Council, 10 Tips on How to Organize and Promote Diverse, Inclusive Panels and Keynotes (Nov. 8, 2018).
In addition to practical tips for organizers, there are a few tips on how speakers and attendees can promote diversity and inclusion.

Sarah Milstein, Putting an End to Conferences Dominated by White Men, Harvard Business Review (Jan. 23, 2014).
Nine tips for organizers on how to make your speaker events more diverse.


Diversity in the Legal Profession


ABA Commission on Sexual Orientation and Gender Identity, Out and About: The LGBT Experience in the Legal Profession (2015).
LGBTQ attorneys, law professors, and jurists share their experiences in the legal profession, with the goal of promoting inclusivity.
Publisher’s description
KF3467.5 .O938 2015 (law library 2nd floor)

Vitor M. Dias, Black Lawyers Matter: Enduring Racism in American Law Firms, 55 U. Mich. J. L. Reform 99 (2021).
Relies on detailed surveys and interviews to examine how race affects careers in corporate law firms.

Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers (Spencer Headworth et al. eds. 2016).
Examines issues of race, gender, and class in the U.S. and U.K. legal professions.
Publisher’s description
K120 .D58 2016 (law library 2nd floor)

Bryant G. Garth & Joyce S. Sterling, Diversity, Hierarchy, and Fit in Legal Careers: Insights from Fifteen Years of Qualitative Interviews, 31 Geo. J. Leg. Ethics 123 (2018).
Based on interviews with over 200 lawyers over 15 years, this article examines the evolving impact of race, gender, and class in lawyers’ career trajectories.

Liane Jackson, Minority Women Are Disappearing from BigLaw--and Here's Why, ABA Journal, March 1, 2016.
Discusses the challenges that women of color face at large law firms, and offers suggestions on how firms can improve the working environment.

Katrina Lee, Discrimination as Anti-Ethical: Achieving Systemic Change in Large Law Firms, 98 Denver L. Rev. 581 (2021).
Examines discrimination faced by women and women of color in large law firms, and offers recommendations for creating a more equitable work environment.

Raising the Bar: Diversifying Big Law (Anthony C. Thompson ed. 2019).
Through interviews with minority partners and law firm diversity coordinators, this book explores how law firms can improve retention of minority lawyers and provides advice for young lawyers of color on how to succeed in the legal profession.
Publisher’s description
KF318 .R25 2019 (law library 2nd floor)

Deborah L. Rhode, From Platitudes to Priorities: Diversity and Gender Equity in Law Firms, 24 Geo. J. Legal Ethics 1041 (2011).
Identifies law firms’ shortfalls in achieving diversity, examines the reasons for lack of progress, and proposes strategies for improvement.


Updated by Paul Hellyer
July 2023