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Exploring Race and Racism in the Law School Curriculum: An Administrator\u27s View on Adopting an Antiracist Curriculum
No full textThis article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding a first-year required course on the history of racism and the concept of equal protection of the laws in the United States; adding a J.D. degree requirement that every student take at least one course beyond the first year with subject matter focused on civil rights, equal protection, or social justice; adding a certificate program in Civil Rights, Equal Protection, and Social Justice; and encouraging faculty to re-envision their courses to identify opportunities to integrate discourse about racial equality. The article then explores the knotty but essential task of equipping faculty and staff with the tools needed to deliver an Antiracist curriculum. The law school initiated this task by launching a summer workshop series designed to conduct an honest assessment of the educational community’s past failings while providing the resources needed to alter the law school’s future course. To accomplish these objectives, the workshops embraced a model that encouraged risk taking, allowed for blunt feedback, and created plenty of space for mistakes. In closing, this article offers guidance on how to ensure a sustainable commitment to the delivery of an Antiracist curriculum, including the importance of sharing the implementation work with faculty committees and student organizations. The path from commitment to implementation has involved bumps and curves, some anticipated and others unexpected. As the path continues, a guiding principle remains: to fulfil our responsibilities as legal educators uniquely positioned at “the nexus of power and understanding necessary for change.”This article is one of three interdependent articles authored by Penn State Dickinson Law faculty and staff, and all three articles will be included in a forthcoming volume of the Rutgers Race & The Law Review. These articles are meant to be read together to chart the vision and implementation for building an Antiracist law school and providing a template for an Antiracist legal academy and legal profession. The other two articles in the trilogy are: Danielle M. Conway, Rebekah Saidman-Krauss & Rebecca Schreiber, Building an Antiracist Law School: Inclusivity in Admissions and Retention of Diverse Students—Leadership Determines DEI Success ; and Dermot Groome, Exploring Race and Racism in the Law School Curriculum: Educating Anti-Racist Lawyers
Food and Drug Regulation: Statutory and Regulatory Supplement (2022 )
No full textThis Statutory and Regulatory Supplement is intended for use with its companion casebook, Food and Drug Regulation: A Statutory Approach (2021). This is not a traditional statutory supplement. Instead, it contains selected, aggressively edited provisions of the Federal Food, Drug and Cosmetic Act (FFDCA), related statutes, and the Code of Federal Regulations. The Supplement includes all provisions assigned as reading in the casebook, as well as a few additional provisions that some professors may wish to cover. The excerpts are designed to be teachable rather than comprehensive.https://insight.dickinsonlaw.psu.edu/fac_books/1030/thumbnail.jp
Federal Courts’ Recalcitrance in Refusing to Certify State Law COVID-19 Business Interruption Insurance Issues
No full textOver 2,000 COVID-19 business interruption insurance cases have been filed in state and federal courts the past two years with most of the cases filed in or removed to federal courts. The cases are governed by state law. Rather than certify the novel state law issues presented in the cases to the respective state supreme courts that ultimately will determine the law applicable in the cases, each of the eight federal circuit courts to issue decisions on the merits in such cases to date has done so by making an Erie guess regarding how the controlling state supreme courts would decide the cases. This Essay argues the federal circuit courts’ decisions to make Erie guesses rather than certify the novel COVID-19 business interruption state law issues is a mistake that federal courts also have made in the past in regard to nationwide insurance coverage litigation governed by state laws. The Essay also argues that U.S. Supreme Court precedents regarding the abstention doctrine support state supreme court certification regarding the novel state law issues presented by COVID-19 business interruption insurance cases. Finally, the Essay discusses how early federal circuit court decisions on COVID-19 business interruption insurance claims are having a butterfly effect with respect to subsequent court decisions because other courts are relying upon, and adopting, the reasoning and holdings—right or wrong—of the federal circuit court decisions
COMBATTING GLOBAL SEX TRAFFICKING: THE UNITED NATIONS AS A POWERLESS ENTITY OR AN UNTAPPED RESOURCE?
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