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Strategies and Techniques for Integrating Diversity, Equity, and Inclusion into the Core Law Curriculum A Comprehensive Guide to DEI Pedagogy, Course Planning, and Classroom Practice EDITORIAL ADVISORS Rachel E. Barkow Segal Family Professor of Regulatory Law and Policy Faculty Director, Center on the Administration of Criminal Law New York University School of Law Erwin Chemerinsky Dean and Jesse H. Choper Distinguished Professor of Law University of California, Berkeley School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law Emeritus The University of Michigan Law School Tracey L. Meares Walton Hale Hamilton Professor of Law Director, The Justice Collaboratory Yale Law School Richard K. Neumann, Jr. Alexander Bickel Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Stanley Morrison Professor of Law Faculty Co- Director, Stanford Criminal Justice Center Stanford Law School Strategies and Techniques for Integrating Diversity, Equity, and Inclusion into the Core Law Curriculum A Comprehensive Guide to DEI Pedagogy, Course Planning, and Classroom Practice Teri A. McMurtry- Chubb Associate Dean for Research & Faculty Development Professor of Law, UIC School of Law The University of Illinois Chicago Howard Katz Series Editor, Cleveland Marshall College of Law Copyright © 2022 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.WKLegaledu.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail customer.service@ wolterskluwer.com, call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 Printed in the United States of America. 1 2 3 4 5 6 7 8 9 0 ISBN 978- 1- 5438- 4910- 3 About Wolters Kluwer Legal & Regulatory U.S. Wolters Kluwer Legal & Regulatory U.S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment to drive their daily activities, enhance decision quality and inspire confident outcomes. Serving customers worldwide, its legal and regulatory portfolio includes products under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwil- liam.com, and MediRegs names. They are regarded as exceptional and trusted resources for general legal and practice- specific knowledge, compliance and risk management, dynamic workflow solutions, and expert commentary. Contents Acknowledgments xv Preface xvii Introduction xix PART I Challenges to Strategies and Techniques for Integrating DEI into the Core Law Curriculum 1 CHAPTER 1. THE SCOPE OF DEI EDUcatiON & PEDAGOGY 3 DEI Education 3 DEI Pedagogy 5 CHAPTER 2. THE FIRST AMENDMENT, ACADEMIC FREEDOM, AND THE DEI CURRICULAR LENS 11 Academic Freedom, DEI Pedagogy, and Building Inclusive Communities 21 CHAPTER 3. ASSESSING THE INSTITUTIONAL CLIMate FOR DEI CURRICULA 27 Standpoint and Positionality 27 Rank and Status 31 Campus Climate 34 PART II Practical Steps for Integrating DEI into the Core Law Curriculum 39 CHAPTER 4. RACIAL TRAUMA INFORMED APPROACHES TO DEI PEDAGOGY 41 Identifying Multigenerational Racial Trauma in the Silences of the “American” Story 42 Understanding Multigenerational Racial Trauma in the Context of American Legal Education 49 vii viii Contents White Identity Formation, Racial Trauma, and the Law School Classroom 56 Developing a Racial Trauma Informed Pedagogy for Legal Education 62 CHAPTER 5. COURSE PLANNING AND ASSESSMENT FOR THE DEI CLASSROOM & CURRICULUM 67 Deconstructing the DEI Classroom in Two Acts 67 Act I – Setting the Stage 67 Debriefing the Experience 71 Act II – Resetting the Stage 72 Debriefing the Racial Trauma Informed Classroom Experience 78 Developing DEI Learning Outcomes & Course Planning Templates 79 Table 1 – Course Level DEI Learning Outcomes 81 Table 2 – Classroom Level DEI Learning Outcomes 82 Table 3 – DEI Learning Outcomes Grouped by ABA Standard 302 83 Planning Your Syllabus to Discuss DEI Issues 83 Mapping the Cases 83 Table 4 — Microaggression Case Map 84 Table 5 — Macroaggression Case Map 86 Choosing Supplemental Reading Materials 87 Assessment for the DEI Classroom and Curriculum 87 Turning a Class into a Community 89 Beyond Course Preparation 93 CHAPTER 6. DEVELOPING INSTRUCTIONAL MateriaLS FOR DEI PEDAGOGY & PRACTICE 95 DEI Learning Outcomes, Performance Criteria and Assessments 95 Table 1a – Course Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Easy 97 Contents ix Table 1b – Course Level Learning Outcomes and Performance Criteria: Easy 97 Table 1c – Course Level General Assessment Rubric: Easy 99 Table 2a – Course Level Learning Outcomes, Thinking Skills and Descriptive Verbs: Intermediate 100 Table 2b – Course Level Learning Outcomes and Performance Criteria: Intermediate 100 Table 2c – Course Level General Assessment Rubric: Intermediate 101 Table 3a – Course Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Difficult 102 Table 3b – Course Level Learning Outcomes and Performance Criteria: Difficult 103 Table 3c – Course Level General Assessment Rubric: Difficult 104 Table 4a – Course Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Advanced 105 Table 4b – Course Level Learning Outcomes and Performance Criteria: Advanced 105 Table 4c – Course Level General Assessment Rubric: Advanced 106 Table 5a – Classroom Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Easy 107 Table 5b – Classroom Level Learning Outcomes and Performance Criteria: Easy 108 Table 5c – Classroom Level General Assessment Rubric: Easy 108 Table 6a – Classroom Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Intermediate 109 x Contents Table 6b – Classroom Level Learning Outcomes and Performance Criteria: Intermediate 109 Table 6c – Classroom Level General Assessment Rubric: Intermediate 110 Table 7a – Classroom Level Learning Outcomes, Thinking Skills, and Descriptive Verbs: Difficult 110 Table 7b – Classroom Level Learning Outcomes and Performance Criteria: Difficult 111 Table 7c – Classroom Level General Assessment Rubric: Difficult 111 Sources for Active Learning & Microlearning Activities for DEI Classroom and Curricular 111 Table 8(a) – Curricular Performance Criteria and Sources for Learning Activities: Easy 112 Table 8(b) – Curricular Performance Criteria and Sources for Learning Activities: Intermediate 114 Table 8(c) – Curricular Performance Criteria and Sources for Learning Activities: Difficult 115 Table 8(d) – Curricular Performance Criteria and Sources for Learning Activities: Advanced 116 Table 9(a) – Classroom Performance Criteria and Sources for Learning Activities: Easy 118 Table 9(b) – Classroom Performance Criteria and Sources for Learning Activities: Intermediate 119 Table 9(c) – Classroom Performance Criteria and Sources for Learning Activities: Difficult 119 Table 10 – Syllabus Mapping 120 Contents xi CHAPTER 7. FAQS AND DISCUSSION QUESTIONS BY CHAPTER 121 Frequently Asked Questions (FAQs) 121 Discussion Questions for Chapter 1: The Scope of DEI Education & Pedagogy 122 Discussion Questions for Chapter 2: The First Amendment, Academic Freedom, and the DEI Curricular Lens 123 Discussion Questions for Chapter 3: Assessing the Institutional Climate for DEI Curricula 123 Discussion Questions for Chapter 4: Racial Trauma Informed Approaches to DEI Pedagogy 124 Discussion Questions for Chapter 5: Course Planning and Assessment for the DEI Classroom & Curriculum 124 Discussion Questions for Chapter 6: Developing Instructional Materials for DEI Pedagogy & Practice 125 PART III Examples of How to Integrate DEI into the Core Law Curriculum by Subject Matter 127 CHAPTER 8. CONtract LAW DEI COUrse PLANNING TEMPLate 129 Table 1 – Syllabus Mapping 129 Table 2 – Common Cases in Contract Law Courses by Topic 130 Table 3 – Contract Law Sources for Learning Activities 132 Sample DEI Assignment Plan for Contract Law 133 DEI Lesson Description 134 Additional Professor Preparation 136 Table 4 – Microaggression Case/ Resource Map 137 Table 5 – Macroaggression Case/ Resource Map 138 Microlearning Activity: Case Briefing 138 xii Contents CHAPTER 9. CIVIL PROCEDURE DEI COURSE PLANNING TEMPLate 141 Table 1 – Syllabus Mapping 141 Table 2 – Common Cases in Civil Procedure Courses by Topic 142 Table 3 – Civil Procedure Sources for Learning Activities 145 Sample DEI Assignment Plan for Civil Procedure 145 DEI Lesson Description 146 Additional Professor Preparation 149 Table 4— Microaggression Case/ Resource
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