White Supremacy Part 7: Carceral Society and Abolition

Chiamaka Echebiri on White Supremacy, Christy Lopez on Carceral Logic, Anna Preston on Prisons and Mental Health, a debate between Micheal Javen and Marie Gottschalk, and finally an article by Jack Norton from the "New York Review of Books."

Vida Johnson: Police Bias and Testimony

Vida B. Johnson is an Associate Professor of law at Georgetown Law where she teaches in the criminal defense clinics. She writes about policing and criminal procedure. She received her law degree from NYU and her Bachelor of Arts degree from the University of California, Berkeley. Professor Johnson discusses her two articles on police bias. First, we talk about her article, "Bias in Blue: Instructing Jurors to Consider the Testimony of Police Officer Witnesses with Caution" where…

Vida Johnson: Judges and White Supremacy

Vida Johnson, professor at law at Georgetown law, discusses her article “White Supremacy and the Bench.” In which she describes how judges maintain and enforce structural racism. Judges benefit from a cultural cache of authority, prestige and as unbiased arbiters of fairness, but they often sustain and amplify racism through jokes, decisions, and rulings that unfairly targets people of color.

Tracey L. Meares: Effective Policing

Tracey L. Meares discusses her article, “The Good Cop: Knowing the Difference Between Lawful or Effective Policing and Rightful Policing — And Why it Matters.” Prof. Meares describes the two traditional roles of policing as they function under the law and in fighting crime. These two roles place the responsibility of policing on the behavior of citizens. But Prof. Meares suggests a third role, rightful policing, that places the emphasis on procedure, fairness, and transparency of conduct of the…

Tonja Jacobi: Interrupting the Supreme Court

Tonja Jacobi discusses her article "Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice." Recent scholarship has focused on how often the Supreme Court Justices get interrupted, especially when female Justices are speaking. To fix this, the Court changed how hearings are run. This article looks at whether these interruptions—and the gender gap in who gets interrupted—have gotten better, and if the new rules helped. Tonja Jacobi is a Professor of Law…

Sherri Burr: Free Blacks of Virginia

In 2015, she was awarded a Monticello Fellowship to conduct research on the Free Blacks of Virginia, the hundreds of thousands of African-Americans who were free before the Civil War. Burr’s ancestors were among this group. Professor Burr discusses her research which became her 27th book, "Complicated Lives: Free Blacks in Virginia, 1619-1865."

Scott R. Anderson: National Guard, ICE, and American Cities

After months of National Guard and ICE deployment around the U.S., questions remain about what these domestic deployments mean, under what legal authority are they happening and what have the lower Courts said about these issues, Scott R. Anderson details all the different aspects of these questions and more. Anderson outlines the complicated legal ways the States and Trump Administration are arguing about the scope of authority and contours of deployment of National Guard and Military under 10…

Samantha Pinto: Hemmings, Baartman, and Complicated Fame

Samantha Pinto is a Professor, Department of English and Director, Humanities Institute at University of Texas at Austin. Professor Samantha Pinto discusses her book, Infamous Bodies Early Black Women’s Celebrity and the Afterlives of Rights. Using the idea of "vulnerability" as a touchstone to explain the celebrity of Sally Hemings and Sarah "the Hottentot Venus" Baartman, Prof. Pinto describes how each woman's agency is complicated by dominant systems of coercion and…

Sally Hadden: Slave Patrols

Dr. Sally Hadden is a professor and the director of graduate studies in the Department of History at Western Michigan University. Professor Sally Hadden discusses her book, Slave Patrols: Law and Violence in Virgina and the Carolinas. Prof. Hadden explains the origin and purpose of the slave patrol, how the patrols differed from the militia, who made them up and what the patrols were charged with accomplishing. We discuss how slave patrols operated before and were stressed during the Civil War.…

Ruth Colker: White Supremacist Constitution

Professor Ruth Colker, Distinguished University Professor and Heck Faust Memorial Chair in Constitutional Law, is one of the leading scholars in the country in the areas of Constitutional Law and Disability Discrimination. Professor Ruth Colker discusses her 2022 Utah Law Review article, "The White Supremacist Constitution." The United States Constitution is a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and…

Ronnie Dunn: Racial Profiling and Traffic Stops

Dr. Ronnie A. Dunn recently assumed the role as the inaugural executive director of The Diversity Institute at Cleveland State University, where he has been an associate professor of Urban Studies since 2004. Dr. Dunn discusses his work on traffic patterns, driving populations, and police ticketing in Cleveland. His work was pivotal in exposing Cleveland Police's racial bias' in traffic ticketing and in the use of traffic cameras.

Robert Pierce Forbes: Race and Jefferson's Notes

Robert Pierce Forbes taught U.S. history at the University of Connecticut and was the founding associate director of Yale’s Gilder Lehrman Center for the Study of Slavery, Resistance, and Abolition. Robert Pierce Forbes discusses his introduction, scholarship, and editorship of Thomas Jefferson's seminal work, "Notes on the State of Virgina." Prof. Forbes locates the origin of United States' racial dynamic in Jefferson's notes on race. Specifically, how Jefferson,…

Robert Craig: Private Prisons After Dobbs

Robert Craig discusses his article, “Fundamental Rights and Private Prisons after Dobbs: Shifting Sands and Opportunities.” He details the history of private prisons next to the history of state-run prisons. Additionally, the competing interest of for-profit prison incentivizes extended incarceration and cost cutting practices that set the stage for a legal argument based on Plyler and Dobbs which challenges private prisons on basis of ordered liberty and constitutional violation. Robert…

Randolph McLaughlin: Slavery in the Virginia Colony

Prior to joining the Pace Law School faculty in 1988, Professor McLaughlin was an attorney associated with Meyer, Suozzi, English & Klein, with whom he did litigation and labor law work. In 1978, he began his legal career at the Center for Constitutional Rights, a civil rights/civil liberties legal organization in New York City. For eight years he worked side by side with the renowned civil rights attorney William Kunstler fighting for the rights of activists and the communities across the…

Philip Reichel: Slave Patrols: Origins of the Police

During his more than 45 years in academia, Professor Reichel has received awards for teaching, advising, service, and scholarship. He is the author of several textbooks and has authored or co-authored more than forty articles and book chapters. His areas of expertise include comparative justice systems, transnational crime generally, and human trafficking more specifically. Professor Reichel discusses his articles "Southern slave patrols as a transitional police type" and "The…

Paul Finkelman: Slavery and the Supreme Court

Paul Finkelman, the Chancellor of Gratz College, is the author of more than 100 law review articles, 100 other scholarly articles and more than fifty books. He is a specialist on slavery, civil rights and race relations, African American history, American Constitutional and legal history, the American Civil War, religious liberty, the history of religion in the U.S., American Jewish history, and legal issues surrounding baseball. The United States Supreme Court has quoted and cited his work in…

Nancy Heitzeg: School to Prison Pipeline

Dr. Nancy A. Heitzeg is a Professor of Sociology and Director of the interdisciplinary Critical Studies of Race/Ethnicity Program. Dr. Nancy Heitzeg discusses her research and book "The School to Prison Pipeline: Education, Discipline, and Racialized Double Standards." Dr. Heitzeg touches on police in schools, unfair suspensions, racialized biases, and the emergence of a system of medicalization that is different for white and black children.

Lerone Martin: J. Edgar Hoover and the FBI's White Christian Nationalism

Lerone Martin discusses his new book, "The Gospel of J. Edgar Hoover: How the FBI Aided and Abetted the Rise of White Christian Nationalism." Prof. Martin argues that J. Edgar Hoover molded the FBI after his own personal and deeply held religious beliefs and crafted a culture where FBI Agents were defenders of a certain type of religious faith. Hoover solidified a vision of America that was founded on white Christian values, so that any deviation of politics or thought threatened the…

Khiara M. Bridges: Race and the Roberts Court

Khiara M. Bridges has written many articles concerning race, class, reproductive rights, and the intersection of the three. Today’s episode focus on her 2022 Harvard Law Review article, “Race in the Roberts Court”. Professor Bridges talks about Dobbs, Bruen, and the fate of Affirmative Action in relation to how each uses arguments about black history and freedom in contradictory and problematic ways. The Roberts Court's leans on racial skepticism to up end established precedent. Khiara…

Kate Weisburd: The Carceral Home

Kate Weisburd discusses her article, The Carceral Home. As prison walls are replaced with parole and probation rules that govern every aspect of private life, invasive surveillance technologies are used to monitor intimate information. Where does that leave the private home's primacy as first among equals? Data collection, audio recording, and GPS technologies are expanded to punish people in open society. Professor Wesiburd explores how these issues interact with each other and complicate…

Kali Gross: Vengeance Feminism

Kali Gross discusses her book, Vengeance Feminism: The Power of Black Women's Fury in Lawless Times. Prof. Gross looks at the stories of Black women who hit back—not always figuratively, and not always legally either. Reckoning with women who lied, robbed, and cheated a racist, misogynistic world, these women's stories illustrate how they grappled with the daily violence of their lives. Kali Gross is the National Endowment for the Humanities Professor of African American Studies at…

Jonathan Witmer-Rich: Cuyahoga County Bail Reform

Jonathan Witmer-Rich discusses his work on the ”Cuyahoga County Bail Task Force: Report and Recommendations.” Professor Witmer-Rich explains the bail situation in Cuyahoga County. Looking at cash bail as a means to secure future appearances and reduce risk, courts are actually preemptively incarcerating and punishing citizens who are presumed innocent. We talk about how the Ohio Supreme Court and Ohio voters responded to recommendations for felony bail reform. Jonathan Witmer-Rich is the…

Jocelyn Simonson: Radical Acts of Justice

Professor Jocelyn Simonson talks about her book, Radical Acts of Justice: How Ordinary People Are Dismantling Mass Incarceration. Beginning with a close look at the ideological meaning behind calling the prosecution, “The People,” Prof. Simonson points out how the criminal justice systems defines “community.” By looking at several ways activists and volunteers engage in organized efforts centered around bail, court watching, and participatory defense, Prof. Simonson shows how justice is changing…

Joanna Schwartz: Unaccountable Policing

Joanna Schwartz is a professor of law at UCLA. Professor Joanna Schwartz discusses her new book, Shielded: How The Police Became Untouchable. Prof. Schwartz draws on her experience as a civil rights attorney and law professor to explain how Section 1 of the Klu Klux Klan Act of 1871, known as Section 1983, set the groundwork for protections for state employees, most notably police officers, when they violate a citizen's civil rights. As civil cases against police violence reached the…

Jessica Pishko: Constitutional Sheriffs

Jessica Pishko is a journalist and lawyer who graduated from Harvard Law School and Columbia University’s MFA program. Jessica Pishko, journalist and lawyer, discusses her book, "The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy," in which she walks through the long history of the American Sheriff. Since the 1960s, sheriffs have consistently moved to the right, claiming to be the final and only authority to enforce and defend the Constitution. Since…

Jessica Katzenstein: Scenario Training and Police Reform

Jessica Katzenstein completed her PhD in Anthropology at Brown University in 2022. She is currently a postdoctoral fellow at Harvard University's Inequality in America Initiative though 2024. Dr. Jessica Katzenstein discusses her research on how U.S. police officers absorb and resist reforms during a mounting legitimacy crisis. She explores why reforms fail to realize their promises to curb racialized violence. Drawing on ethnographic fieldwork with officers and reformers in Maryland, she…

Jessica Katzenstein: Problems in Police Training

Police reform advocates often push police departments to move from fear-laden “warrior” survival trainings and toward reality-based or scenario trainings, which involve immersive role-playing scenarios such as making an arrest. Scenario trainings promise to teach officers to suppress fear, counter racial bias, and calibrate “reasonable” uses of force. But these trainings often fall short of their promise and end up reinforcing the threats and survival mindset. Drawing on 16 months of…

Jennifer Morgan: Motherhood and Slavery

Jennifer L. Morgan is Professor of History in the department of Social and Cultural Analysis at New York University where she also serves as Chair. She is the author of Reckoning with Slavery: Gender, Kinship and Capitalism in the Early Black Atlantic. Professor Morgan discusses recent journal article “Partus Sequitur Ventrem: Law, Race, and Reproduction in Colonial Slavery." Exploring how Virginia laws developed to codify enslaved women's reproductive labor, by defining and…

James Oakes: Lincoln and the Antislavery Constitution

James Oakes is one of our foremost Civil War historians and a two-time winner of the Lincoln Prize for his works on the politics of abolition. He teaches at the Graduate Center of the City University of New York. He discusses his book, The Crooked Path to Abolition Abraham Lincoln and the Antislavery Constitution. Beginning with the inclusion of the 3/5th clause and the fugitive slave clause in the Constitution there existed a tension between a proslavery and antislavery interpretation. How did…

Gian Maria Campedelli: Black Homicide Victims

Gian Maria Campedelli, research scientist at Fondazione Bruno Kessler in Italy, discusses his research article, “Homicides Involving Black Victims are less likely to be Cleared in the United States.” Drawing upon three databases the FBI’s national incident-based reporting system (NIBRS) and the Murder Accountability Project (MAP), Campedelli found that homicides with Black victims were between 3.4% and 4.8% less likely to be solved by police. Gian Maria Campedelli, a research scientist in…