PENN STATE LAW | UNIVERSITY PARK, PA 1 13th Annual LUTIE A. LYTLE Black Women Law Faculty Workshop & Writing Retreat June 19-26, 2019 | University Park, PA 2 2019 LUTIE A. LYTLE BLACK WOMEN LAW FACULTY WORKSHOP & WRITING RETREAT Claiming the Power of our Sisterhood 2019 Lutie Lytle Workshop and Retreat hosted on the campus of Penn State Law in the Lewis Katz Building, University Park, PA. Illustration credit: Mary Szmolko Cover photos credit: Penn State PENN STATE LAW | UNIVERSITY PARK, PA 3 TABLE OF CONTENTS 13TH ANNUAL LUTIE A. LYTLE BLACK WOMEN LAW FACULTY WORKSHOP AND WRITING RETREAT Hosted by: Penn State Law June 19-26, 2019 Welcome 4 Sponsors 6 About Our Honoree - 2019 Lutie A. Lytle Outstanding Scholar Award 7 About the Guest Speakers 8 Workshop & Writing Retreat Schedule 10 Participants 19 Committee Members 27 4 2019 LUTIE A. LYTLE BLACK WOMEN LAW FACULTY WORKSHOP & WRITING RETREAT WELCOME FROM THE DEAN The Lutie Lytle Conference was mentoring and support for founded after a small number of scholarship, teaching, and service black women faculty, organized by for Lutie participants. I am so Professor Imani Perry, grateful that Professor Brown is collaborated at the Chicago home a part of the Penn State Law and of Professor Michele Goodwin. The School of International Affairs first official conference was held community. In addition to her at the University of Iowa College many contributions to the two of Law and was organized by then schools, the Rock Ethics Institute, Professor and now Dean Angela and the broader Penn State Onwauchi-Willig. The vision of community, she has done an the original collaboration and the outstanding job fundraising and first conference continue to guide organizing this event. I am and inspire as the conference has tremendously appreciative that grown. Since the Workshop’s Shaakirrah R. Sanders agreed to inception in 2007, participants chair the program committee Hari M. Osofsky have built an impressive scholarly during her visiting professorship Dean and Distinguished record, producing over 652 articles, at University Park this past spring. Professor of Law, Professor of 74 book chapters, and 34 books. She has played a crucial International Affairs, and organizational role in developing Professor of Geography The Lutie Lytle Conference this year’s excellent program. offers opportunities for mentoring, career support and I also would like to thank the n behalf of the faculty, staff fellowship to black women law entire Penn State Law team for Oand students at Penn State faculty at all stages of academia. their dedication and hard work, Law in University Park, I am There are more women and people with special recognition to Kim delighted to welcome you to the of color in the legal academy than Breaux, Events Coordinator, 13th Annual Lutie A. Lytle Black in the past. However, more can and Andrew Gabriel, Marketing Women Law Faculty Workshop and must be done to ensure that those Communications Specialist, and Writing Retreat. Penn State Law who enter remain and achieve Randy Fulton, Business Services is excited to host this important success. Penn State Law shares in Director. Finally, I thank all the law conference that provides this vision and is deeply school sponsors and all of the Lutie opportunities for thorough review committed to access, opportunity participants who gave their time of scholarship, collegiality, and and excellence for all people, and energy to ensure the success support for experienced, mid-level, including and especially those who of this year’s Workshop. junior, and aspiring black women are underrepresented in legal law faculty. The Workshop is academia and the legal profession. We hope that you will enjoy the co-chaired this year by Penn State program and your time in Law and School of International I am very thankful for the University Park. Thank you so Affairs professor Eleanor Marie leadership of Eleanor Marie Brown much for letting Penn State Law Brown and University of Idaho and Shaakirrah R. Sanders. Over be part of your efforts to improve College of Law professor the years, both Professors Brown diversity and inclusion in the legal Shaakirrah R. Sanders. and Sanders have provided crucial academy and profession. PENN STATE LAW | UNIVERSITY PARK, PA 5 WELCOME FROM CO-CHAIRS n behalf of Penn State Law and Dean Hari Osofsky, we warmly Owelcome you all to the 13th Annual Lutie A. Lytle Black Women Law Faculty Workshop and Writing Retreat. Founded around 13 years ago by a group of African American female law faculty, the Lutie A. Lytle Conference was named after the first African American woman to teach at a chartered law school. In its inaugural year, the conference hosted 25 people while the most recent conference hosted over 100 current and prospective black female faculty. The primary goal of the Lutie A. Lytle Conference is the mentorship of young, prospective black women law faculty. This year’s program Eleanor M. Brown emphasizes this goal by highlighting the role of this conference in building Professor of Law and International Affairs, a pipeline of black women law professors. During this process, the program Associate Dean for committee remained mindful of the challenges that have come with our External Affairs and organizational growth. We created a “New Lutie” Committee to help Corporate Partnerships, Senior Scientist—Rock brainstorm the program needs of our new and aspiring academics. We also Ethics Institute created space for those who have taken on new deanships and other sensitive leadership positions. As with every year, this program retains the core elements of the Lutie conference: honest scholarly feedback in addition to genuine collegiality and support. It is our obligation to continue this tradition by mentoring the next generation and ensuring the inclusivity of these conferences. By any measure, the Lutie Conference has been phenomenally successful, and we hope that we as a community can carry on that success. We would like to extend our deepest thanks to Penn State Law for hosting such a remarkable group, as well as all members of the program committee Shaakirrah R. Sanders for their assistance. We thank you all for coming. Visiting Professor of Law, Penn State Law (Spring 2019) Professor of Law, With warm regards, University of Idaho Eleanor M. Brown College of Law Shaakirrah R. Sanders 6 2019 LUTIE A. LYTLE BLACK WOMEN LAW FACULTY WORKSHOP & WRITING RETREAT SPONSORS Co-chairs Eleanor Brown and Shaakirrah Sanders, and the Planning Committee of the 13th Annual Lutie A. Lytle Black Women Law Faculty Workshop and Writing Retreat extend heartfelt thanks to the 2019 sponsors: PLATINUM Penn State Law (Host School) GOLD Boston University School of Law Georgetown Law George Washington University Law School Penn State University - Dickinson School of Law University of California, Irvine School of Law University of Pennsylvania Law School University of Pittsburgh School of Law Yale Law School SILVER American University Washington College of Law Cornell Law School Drexel University Thomas R. Kline School of Law Florida A&M University College of Law Rutgers Law School University of Michigan Law School Washington and Lee University School of Law BRONZE Howard University School of Law New York University School of Law University of California, Berkeley, School of Law University of Iowa College of Law University of Kentucky College of Law University of Oregon School of Law University of Wisconsin Law School Vanderbilt University Law School FRIEND ThankUniversity of Cincinnatiyou! College of Law PENN STATE LAW | UNIVERSITY PARK, PA 7 2019 LUTIE A. LYTLE OUTSTANDING SCHOLAR AWARD he Lutie A. Lytle Black Women Law Faculty Workshop and Writing Retreat is pleased to announce Taja-Nia Y. Henderson as the 2019 T Lutie A. Lytle Outstanding Scholar Award Honoree. The Outstanding Scholar Award goes to a consistently participating member of the Lutie Lytle collective who is a trailblazer, who displays exemplary leadership and who is committed to legal education, scholarship, and professional development. Taja-Nia Henderson is a legal historian and scholar of slavery, punishment, and the law. A professor at Rutgers Law School, and Incoming Dean of the Graduate School at Rutgers-Newark, Dean Henderson’s research has been supported by fellowships and grants Taja-Nia Y. Henderson from the John W. Kluge Center at the Library of Congress, the New York 2019 Lutie A. Lytle Outstanding Public Library, and the American Philosophical Society, among others. Scholar Award Honoree She was previously a fellow at the J. Willard Hurst Summer Institute in Legal History at the University of Wisconsin. Dean Henderson has been an integral part of the Lutie A. Lytle Black Women Law Faculty Workshop and Writing Retreat since 2012. In 2017, Dean Henderson’s article tracing the life and work of Lutie Lytle was published in the Iowa Law Review. Dean Henderson has chaired or co-chaired the works-in-progress committee and has dedicated herself to compiling, preserving, and promoting the work of conference participants. Dean Henderson has also served multiple years on the program and planning committees. She has also mentored countless number of new and aspiring law faculty and conference participants. Before joining the Rutgers faculty in 2010, Dean Henderson was an associate in the litigation group of Arnold & Porter LLP in New York, where her practice included commercial litigation and pro bono civil rights advocacy. Prior to that she clerked for the Honorable Consuelo B. Marshall, U.S. District Court, Central District of California, and was the Derrick Bell Teaching Fellow in constitutional law at NYU School of Law. An alumna of Dartmouth College (A.B.) and New York University (J.D. and Ph.D. in American History), Dean Henderson is an interdisciplinary scholar whose breadth and depth of vision are evident in her research and writing on slavery, punishment, and the law spanning the centuries from early America to today.