New Book on Race and Law Gives Context, Fills Gaps

The first edition of “Race and the Foundations of American Law,” a new casebook by a group of Roger Williams School of Law professors, makes the resources from RWU Law’s first-of-its-kind course on the same subject available to schools and students around the U.S. and sheds light on the role of race and racism in everything from property ownership to the child welfare system.

The new book, by Nicole P. Dyszlewski, Diana Hassel, and Monica Teixeira de Sousa, presents more than simply the court decisions and discussions typically found in casebooks. In stories, photos, art, poetry, and also court decisions, the book elevates the voices of often-overlooked individuals, groups, and institutions.

Beyond the books

“Law isn’t just in a book,” says Dyszlewski, RWU Law’s assistant dean for curricular innovation. When she was in law school, no one taught her about topics like law and prison abolition, and she hopes that the book will provide students today with foundations she did not have in order to make them well-rounded attorneys.

In 2021, RWU Law piloted its Race and the Foundations of American Law course, prompted in part by discussions with the RWU chapter of the Black Law Students Association in the wake of George Floyd’s murder. The next year, it became a required course for second-year law students. Dyszlewski says it is the only three-credit required course on race and the law offered by an American Bar Association accredited school.

The new book compiles the course materials from that class, along with other extensively researched and curated content to facilitate multifaceted teaching on the subject. In addition to the co-authors, Professor of Law Natasha Varyani, adjunct professors Taino J. Palermo L'22, and Jason Preciphs also added significant research to the project.  

Hassel, a constitutional scholar who previously worked in the litigation department of a large firm and as an Assistant United States Attorney for the Southern District of New York, says she hopes the book will be used in courses exploring race and the law at other schools.

One of the unique features of the book is that the electronic version can be purchased in modules. This means it can easily be incorporated into traditional doctrinal classes as a supplement to explore the broader context.

For example, Teixeira de Sousa teaches first-year property, including eminent domain, the concept that government can take public property for just compensation for a public purpose. One of the major cases in property textbooks is the 2005 Supreme Court decision in Kelo v. City of New London. The court’s ruling against Susette Kelo, who is white, in her case against the city government over the fate of her home prompted public backlash and new laws in many jurisdictions. But Teixeira de Sousa remarks on how often this type of taking happens in communities of color, without public outcry. 

“You can’t understand the material without the historical context,” says Teixeira de Sousa. “Why do takings disproportionately impact racialized communities?” She says similar disparities play out around home ownership, wealth accumulation, and more. She hopes the casebook will help students understand the reasons behind the disparities without falling back onto stereotypes about marginalized groups.

A team effort

Each of the co-authors approached the research and writing process from a different scholarly and professional context. “We come to it from different angles,” says constitutional scholar Hassel. “It’s important that we did it together.”

In addition to their legal backgrounds, “We had generational differences, which I think were really helpful,” says Teixeira de Sousa, whose interest in subjects like property and education was sparked by growing up in an immigrant community. “In a way, we came up, let's say, in different Americas. There's the intergenerational piece, but I think there's also each of our own positionalities in terms of our race, our ethnicity, our class.”

Dyszlewski says it sometimes “feels maybe I’m the wrong person for the job” of teaching about race and law. Nonetheless, bringing her strengths as a legal scholar and law librarian who cares deeply about research, sources, and access to justice, she vows to continue to “do the work.”

The professors were deliberate to incorporate a range of sources and collaborators. “It’s not our stories,” says Dyszlewski. Rather, she says, the book discusses not only subjects like slavery and forced removal of Native populations from their land, but also shows students the “music, laughter, joy, rebellion, and community” that arose despite those institutions.

Hassel acknowledges that there currently is “hostility to exploring the history of racial inequality,” but notes that there are many who want stories like those covered by the book to be told. She says, “I’m very proud this is out there.”

“It’s important to recognize that it’s a team perspective, including how we see the work and our expertise,” says Dyszlewski. “It’s important that we work together.” She also credits RWU Law for the school’s support for the course and the new book. “It’s who we are as a law school, what our mission is, and how it’s evolved,” she says.

Note: A virtual launch event for Race and Foundations of American Law: First Edition is being planned as part of the law school’s signature program, Integrating Doctrine and Diversity. More information here.