Critical Race Theory and Racialized Law: an Application of an African American Full Professor’s Federal Case Involving Race Discrimination at a Predominately White University

Abstract

Using Bonilla-Silva’s sociological theory of racism and critical race theory, this article reports how racism within the legal system manifested itself against an African American full professor who sued a predominately White university for racial discrimination. First, this article provides background on racism in the law, discussing the Dred Scott case and Plessy v. Ferguson—two historical race cases. Moreover, this article discusses how the legal system in the past instructed juries to take race into account in deciding interracial cases. Then, it presents the current legal standard to decide race discrimination cases and how a White federal judge, who is a law school graduate of the White university being sued, ignored the standard and all the African American’s evidence to produce a favorable outcome for the White university. Moreover, a White federal magistrate, who also got her law degree from the White university and teaches at the law school part time, assisted the federal judge by not ruling on a key motion to access the dean’s computers, permitting the federal judge to rule this computer issue moot. In conclusion, support is provided for both Bonilla-Silva theory and critical race theory.