Professor analyzes law through critical race theory

University of California, Los Angeles law professor Cheryl Harris dissected case studies of Plessy v. Ferguson and Brown v. Board of Education in an Oct. 28 webinar to determine the relationship between law, inequalities and race. NICO VALENTINE, Staff Photographer

Cheryl Harris, a law professor at the University of California, Los Angeles discovered her frustrations with U.S. law when she was employed as a social worker for Child Protective Services (CPS). Through her two years of working for CPS after graduating college, Harris had initially anticipated laws to provide assistance for families, but she said they only serve to further traumatize them as a result of systemic racism. 

Chapman University’s Dale E. Fowler School of Law hosted guest speaker Harris Oct. 28, where she discussed the value of whiteness through a critical race theory (CRT) lens as an African American studies scholar. At the Chapman Dialogues event, Harris analyzed legal studies through CRT, explaining how law is not a neutral entity and often enables systemic racism. As an example, she argued slavery was an institution that was not just validated through law, but even protected by the Constitution. 

“(CRT) is a radical critique of the interface between law and racism,” Harris said at the event. “A lot of (it) is trying to unearth the way race is embedded in the system.”

During the Q&A portion, junior Black Student Union (BSU) President Ramya Sinha asked Harris her thoughts on institutions utilizing free speech to defend and protect racism. 

“To argue that racist speech is protected under the First Amendment, you now have a juxtaposition,” Harris replied. “On one hand, there is the interpretation of the law that supports racist speech, and (on the other is) an interpretation that suppresses antiracist speech. Certainly, this can’t be right.”

Sinha told The Panther she agreed with Harris’ belief that using free speech to defend racism is racist in itself. The university has repeatedly received criticism for its support of free speech, most recently in reference to Chapman law professor John Eastman’s argument on California Sen. Kamala Harris’ citizenship. Over the summer, President Daniele Struppa and Dean of Students Jerry Price met with BSU to discuss efforts the university should take to better foster diversity and inclusion on campus, but BSU members are upset with the response. 

Chapman has developed initiatives to create an updated diversity and inclusion strategic plan for the 2023 to 2027 academic school years, including the hiring of a vice president for diversity, equity and inclusion. However, Sinha feels the university administration only claims to make diversity and inclusion a priority, while refusing to acknowledge racism on campus. 

“(Administration) likes to put in the time to make their presentations look pretty when in reality it’s full of empty words,” Sinha wrote Oct. 29 in an email to The Panther. “Struppa doesn’t want legitimate change to take place unless it’s done his way, funded by Chapman’s donors (and aligned) with their views, which will most likely not be effective in creating long-term systemic change.”

During the Chapman Dialogues event, Harris also mentioned that current systems that treat everyone the same can simultaneously ignore and sustain underlying inequalities. Harris said that affirmative action is a moderate attempt to help the root of inequality, despite claims of reverse racism or unfair advantages. 

Through analyzing Supreme Court cases like Plessy v. Ferguson and Brown v. Board of Education, Harris determined the most valuable property, in terms of wealth and power, was the identity of whiteness.

Michael Crumby, a sophomore political science major and member of BSU, agreed with Harris’ statement. Crumby feels it’s necessary to call out white privilege and make the Chapman community aware of the systems that perpetuate it.

“White people don’t understand what it’s like to be Black,” Crumby told The Panther. “They don’t understand what we go through …  like dealing with the police. If I get pulled over, I am afraid. I don’t know what’s going to happen.”

Harris told The Panther the best first step for students to undermine racism and white privilege is recognizing that many things perceived as “the way things are” are actually the product of systems. 

“One of my hopes is for students to use their own critical eye,” Harris said. “Looking at the way structures are shaping people’s lives is a really good start.”