Widening the Lens of Justice

A 20th Anniversary New Legal Realism Conference on Inclusion, “Bleached Out” Identity, and Ethics in Legal Education

Friday, October 18 and Saturday 19, 2024, @ Milstein East Conference Center, Wasserstein Hall, Harvard Law School (details below)

Please note, this event is primarily in-person and open to all that are interested, including students, faculty, practicing lawyers, academics, staff, and others. No registration is required for in-person attendance.

If you cannot make it to Cambridge/Harvard, you can register to view the event via Zoom here.

In a time when racial inclusion in US law schools is under debate and attack, this conference poses fundamental, empirically based challenges to law teaching.  Many years ago, NLR co-founder David Wilkins critiqued the standard legal approach to “bleached-out professionalism” for Black lawyers.  We draw from that work, as well as from relevant social science research and theory, from Critical Race Theory, from research outside of mainstream Global North traditions, and from other perspectives that shake up taken-for-granted “truths” undergirding traditional U.S. legal education.  Furthermore, conference participants will bring new paradigms developed within the legal academy to bear on assumptions that have guided traditional Western social science itself.  In opening up this truly interdisciplinary space for conversation, the conference will encourage the development of expansive research and teaching frameworks for the legal academy – frameworks containing possibilities for real change. 
 
New Legal Realism (NLR) is a movement that began in the early 2000s, aimed at producing and translating excellent empirical research on law and legal institutions for legal professionals.  With deep roots in the law-and-society tradition, NLR has worked to build bridges between social science and the legal academy and has always highlighted research on legal education.  NLR scholars have published cutting-edge articles on how to integrate social science into legal training, working between theory, empirical research, and the practices involved in law teaching.  As those scholars have repeatedly demonstrated, there are very important links between legal education and the ethical orientations of the legal profession.  Those ethics depend importantly on perspectives that take the social reality of law seriously, as well on inclusive visions for the profession as a whole in a democratic state.  From its first conference in 2004, NLR has engaged deeply with race, gender, and global approaches to law as foundational parts of research on law in books and law in action.

Download the agenda
 
Friday, October 18, 2024
Milstein East Conference Center
Wasserstein Hall

Harvard Law School
 
All times eastern
 
2:00 pm – Registration

Milstein East Conference Center, Wasserstein Hall, Harvard Law School

2:45-3:15 pm – Welcome
 
David B. Wilkins
Elizabeth Mertz
 
3:15-3:30 pm – New Legal Realism and Legal Education
 
Shauhin Talesh
 
3:45 -5:15 pm – New Legal Realism and Aspirational Law Training: Intersectional Insights, Colonialism and the States of Legal Education
 
As innovators seek to shift law training to meet a new era, there is growing awareness of the way law schools have been affected by history and social context. Those contexts include colonial legacies and their continuing impacts on race, gender and intersectional inclusion, as well as global power relations. This panel sets the scene for the rest of the conference, drawing on New Legal Realist interdisciplinary approaches to analyze the current states and possible future directions of legal education.
 
Moderator: Meghan Dawe
Speakers: Rachel Moran, Foluke Adebisi, Brian Calliou, Bennett Capers
Commentators: Riaz Tejani, Sindiso Mnisi Weeks   
 
5:15-5:45 pm – General Discussion

5:45-8:00 pm – Reception and Conference Dinner

Milstein West Conference Center, Wasserstein Hall, Harvard Law School
 
Saturday, October 19, 2024
Milstein East Conference Center
Wasserstein Hall

Harvard Law School
 
8:30 am – Light breakfast available

9:00 -10:30 am:  New Legal Realism & Legal Education I: Empirical and Theoretical Perspectives on Law School Inclusion and Teaching Justice

Democratic goals like serving justice and creating fair, inclusive law schools have long featured in public statements by law schools and official organizations like the ABA and AALS.  However, these statements often ignore how settler colonialism and slavery shaped the earliest law schools, building race- and gender-based exclusion into the core of nascent U.S. legal education.  Those early law schools, precisely because of their longstanding history, exerted an outsize influence on paradigms of legal education and accreditation requirements.  As a result, all law schools have struggled to overcome structural inequities despite perennial criticism and calls for reform.  Recent empirical research confirms that this persistent problem may result from “features not bugs” in the system. Panelists also discuss possible avenues for change, drawing on empirical research and their own interventions.

Moderator: David Sandomierski
Speakers: Victor Quintanilla, Meera Deo, Thomas Mitchell, Elizabeth Mertz  
Commentators: Christopher Mathis, Emily Taylor Poppe
Invited guests: Stephen Cody, Patricia Williams, Portia Xiong

10:30-10:45 am – Break
 
10:45am-12:15 pm—NLR & Legal Education II:  Pluralizing Professional Identities and Purposes
 

As the hidden historical and cultural sources of exclusionary structures in formal legal educational institutions become clearer, there is an opportunity to expand in new directions. This panel explores the promising possibilities that open up for legal education when professional identity is conceptualized outside of a monocultural and individual-centered vision.  As NLR has long contemplated, better understandings of people in context can sharpen policy aimed at improving institutional or organizational structures. When we pluralize professional identities and purposes, we can shake loose sedimented assumptions about ethical horizons and how legal training and the legal profession “should” operate.          
 
Moderator: Shauhin Talesh
Speakers: Eduardo Capulong, Jane Ching, John Bliss, Elizabeth Bodamer
Commentators: Russell Pearce, Susan Sturm
 
12:30-1:30 Lunch and Keynote
 
Martha Minow in conversation with David B. Wilkins

1:45-3:15 pm – Roundtable on Innovative Approaches to Inequality and Teaching: Integrating Social Reality and Empirical Research on Legal Education into Law Training
 
This Roundtable features law faculty who have followed the early Realist call to integrate practical training and social science research on law.  Because interdisciplinary research more closely follows “law in action” than does doctrinal research, interdisciplinary training can usefully combine with other law teaching to steep law students in the realities of law and law practice.  When law training confronts social reality, the inequalities of law on the ground become more centrally a part of the puzzle law students are challenged to solve.
 
Moderator and Commentator: Darrell Mottley 
Panelists:
Swethaa Ballakrishnen: Teaching Professional Identity at Irvine
Richard Wilson: Making 303.c Walk on the Ground: The UConn Example
David Wilkins: Teaching the Legal Profession Course—Integrating Race and Empirics
Margaret Hahn-Dupont:  Interdisciplinary Hands-On Law Training at Northeastern

3:15-3:30 pm – Break
 

3:30-5:00 pm – Invisible Pieces of the Preparation for Law Practice:  NLR Perspectives on Clinical, Legal Writing, Doctrinal, Ethics and Interdisciplinary Pedagogy

Discussions of law school reform typically occur in silos, in which training for practice is segmented from doctrinal classroom training, technical legal writing can be segmented off from other parts of legal education, and U.S. law schools turn in on themselves so that they reinforce hierarchies that push professors from traditionally underrepresented to the margins.  NLR asks what happens when we breach these traditional silos, bringing the many “ground-levels” of law teaching into conversation with each other – and with pertinent social science.
 
Moderator: Michele Leering
Speakers: Teri McMurtry-Chubb, Lucie White, Lisa Alexander, Marsha Griggs
Commentators: Jeffrey Omari, Pablo Rueda-Saiz
 
5:00-5:30 pm Closing Remarks
 
Shauhin Talesh
David B. Wilkins
 

Download Participant Bios.

Foluke I. Adebisi, University of Bristol Law SchoolPablo Rueda-Sáiz, University of Miami School of Law
Lisa Alexander, Boston College Law SchoolDavid Sandomierski, University of Toronto Faculty of Law; Massey College
Swethaa Ballakrishnen, University of California-Irvine Law SchoolSusan Sturm, Columbia Law School
John Bliss, University of Denver Sturm College of Law, Harvard Law School Center on the Legal ProfessionEmily Taylor Poppe, University of California-Irvine School of Law
Elizabeth Bodamer, Law School Admissions CouncilShauhin Talesh, University of California-Irvine School of Law, and Criminology, Law & Society at UC Irvine
Brian Calliou, University of Calgary Faculty of LawRiaz Tejani, University of Redlands
Bennett Capers, Fordham Law SchoolLucie White, Harvard Law School
Eduardo Capulong, University of Hawai’i at Manoa William S. Richardson School of LawDavid Wilkins, Harvard Law School
Jane Ching, Nottingham Law School, Nottingham Trent UniversityPatricia Williams, Northeastern University
Stephen Cody, Suffolk Law SchoolRichard Wilson, University of Connecticut School of Law and Department of Anthropology
Meghan Dawe, The Baldy Center-University at Buffalo; American Bar FoundationPortia Jin Xiong, American Bar Foundation
Meera Deo, Southwestern Law School; Law School Survey of Student Engagement
Marsha Griggs, Saint Louis University School of Law
Margaret Hahn-Dupont, Northeastern University School of Law
Michele Leering, Queen’s University Faculty of Law
Christopher Mathis, University of Maryland Francis King Carey School of Law
Teri A. McMurtry-Chubb, University of Illinois Chicago School of Law
Elizabeth Mertz, American Bar Foundation; University of Wisconsin Law School
Martha Minow, Harvard Law School
Thomas Mitchell, Boston College Law School
Sindiso MnisiWeeks, University of Massachusetts Amherst; University of Cape Town
Rachel Moran, Texas A&M University Law School 
Darrell G. Mottley, Suffolk University Law School
Jeffrey Omari, Gonzaga University School of Law
Russell Pearce, Fordham Law School
Victor Quintanilla, Indiana University Maurer School of Law

  • Where is the event?
    • The Conference will be hosted at Wasserstein Hall, Milstein Conference Center (2nd Floor) on the Campus of Harvard Law School in Cambridge, MA.
  • What is the conference venue’s street address?
    • The conference venue’s street address is 1585 Massachusetts Ave, Cambridge, MA 02138.
      • Please note that we ask participants to enter Wasserstein Hall via the entrance on the corner of Massachusetts Ave and Everett Street (which corresponds to the address above) directly next to the “Harvard Coop”. Staff will be on hand to direct you to the Milstein Conference Center within Wasserstein Hall. All other doors at HLS are locked.
  • How do I get to (and around) Harvard?
    • Find key information, including a campus map and travel instructions from the airport here.
  • What about public transit around Cambridge/Boston?
    • You can visit the public transit website to find point-to-point directions via the subway or bus routes (including travel time and specific fare information). The conference venue is a 10-15 min walk from either the Harvard Square Subway/T stop or the Porter Square Subway/T stop–both on the “Red” line. “Downtown” Boston (the Boston Common area) is around 15-20 mins on the subway.
  • What to do in Boston?
    • October is beautiful in Boston! The City of Boston has a fantastic website dedicated to tourist tips, maps, and other information. Or just ask anyone from the Center/Harvard. We are always happy to provide tips and advice.
  • Always check Google Maps!
    • We also encourage participants to use their Google maps for most up-to-date travel information, including directions to HLS, airports, downtown Boston, and more. Boston/Cambridge traffic, public transit delays, and the like can be unpredictable, so it is best to check Google.


Presented in Collaboration with: