MVV327K American Legal Racism: From the 1787 Constitution to the 2020 George Floyd Murder

Faculty of Law
Autumn 2021
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Paul Von Blum (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV327K/01: Mon 20. 9. 12:00–13:40 041, 18:00–19:40 041, Tue 21. 9. 12:00–13:40 041, 18:00–19:40 041, Wed 22. 9. 12:00–13:40 041, 18:00–19:40 041, Thu 23. 9. 12:00–13:40 041, 18:00–19:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 17/30, only registered: 4/30
fields of study / plans the course is directly associated with
there are 87 fields of study the course is directly associated with, display
Course objectives
Throughout American history, race has been closely linked to the law. Both the perpetuation of racism and the struggle against it have involved various legal institutions, especially the United States Supreme Court. Lawyers on all sides have played pivotal roles in establishing legal standards defining the political, economic, social, and psychological status of African Americans (and other racial and ethnic minorities). This “mini-course” provides an historical overview of selected major highlights of these legal developments from the 1787 U.S. Constitution to the horrific murder of George Floyd in 2020 and the immediate legal consequences afterwards.

These include the Constitutional sources of racism, the legal foundations establishing and eliminating slavery, a few major U.S. Supreme Court decisions before and during the modern civil rights era, the contemporary legal retreat from civil rights protections, and the dramatic illegal police beatings and killings of Black people in America. The objective is to enable Masaryk University law students to analyze this extremely important feature of American law. They should be able to understand that American legal developments about race relations are entirely linked to American history and politics and how the American legal profession has played a huge role in these developments for more than two centuries.
Syllabus
  • 1. Introduction and Overview (Lecture/Discussion 1)
  • At the outset, we will consider the close relationships of race and law within the broader context of American history and politics. The opening provides a general overview of the major themes and topics for the mini-course as a whole. Before starting on a chronological approach, the Introduction will focus initially and very briefly on one of the most controversial topics in recent American law and politics: racial profiling. Examples include the well-publicized cases of Rodney King, Latasha Harlins, Abner Louima, Abner Louima, Amadou Diallo, Oscar Grant, Harvard Professor Henry Louis Gates, Trayvon Martin, Eric Garner, Michael Brown, Laquan McDonald, Tamir Rice, Eric Harris, Walter Scott, Freddie Gray, and others. Then, we will discuss the dramatic 2020 cases of Ahmaud Arbery, Breonna Taylor, and of course George Floyd, which set the stage for the national and worldwide protests. I will also show a short video my former graduate student and I produced entitled “Racism and the Law.”
  • 2. The Historical Sources and Development of Racist and Anti-racist Legal Doctrines (Lecture/Discussion 2)
  • Students will develop a broad historical perspective by examining the basic legal foundations of racism and the legal response to these principles. Included will be the Constitutional sources establishing the legal subordination of African Americans; the Fugitive Slave Act and the Dred Scott v. Sanford decision; the Emancipation Proclamation, and the 13th, 14th, and 15th Amendments to the Constitution; the post-Reconstruction racist laws of Southern states, and the “separate but equal” doctrine of Plessy v. Ferguson.
  • 3/4. The Legal Drive Towards Civil Rights (Lecture/Discussions 3 and 4)
  • These presentation will survey legal developments from the early 20th century through the 1970s. During that time, civil rights lawyers mounted successful challenges to racially discriminatory practices in several fields. Students will consider developments in such areas as education, voting, personal relationships between racial groups, equal accommodations, voting, housing, and protection of social protest activities. Among the cases and legislation to be considered will be Sweatt v. Painter, Smith v. Allwright, Shelly v. Kraemer, Brown v. Board of Education (1 and 2), Loving v. Virginia, and the Civil Rights Acts of 1964 and 1965.
  • 5. The Retreat from Civil Rights (Lecture/Discussion 5)
  • From the late 70s to the present, increasingly conservative national politics and the changing composition of the Supreme Court have provided major challenges to civil rights lawyers in America. Students will consider the restrictions on affirmative action in such areas as education and employment. We will consider such cases as Regents of the University of California v. Bakke and excerpts of various Supreme Court decisions from 1994 and 1995. Students will also discuss the anti-affirmative action initiatives including California’s Proposition 209 and the decision in 2013 from the U.S. Supreme Court that eliminated some of the provisions of the 1965 Voting Rights Act that gave African Americans equal access to voting rights in the U.S.
  • 6. American Legal Developments After the 2020 George Floyd Anti-Racist Protests (Lecture/Discussion 6)
  • In this presentation, we will focus on the dramatic legal and policy developments that occurred following the massive protests of 2020. The primary change occurred with American policing, many with the force of law. The chief examples are the reductions in police budgets and the movement of some traditional police activities to other agencies including social workers, especially for domestic disputes. These are all a direct result of the protests. Another key development is the close regulation of police practices One major area, for example, is outlawing of chokeholds, which have regularly been used against Black and other minority suspects. Other reforms including body cameras, improvements in recruiting and training of police officers (especially minority member officers), more civilian oversight, and stopping fired police officers from being rehired in other police departments have also occurred.
  • 7. American Legal Developments After the 2020 George Floyd Anti-Racist Protests (continued) (Lecture/Discussion 7)
  • This presentation continues the discussion about some of the legal developments after the murder of George Floyd and the protests that followed. Some of President Joe Biden’s Executive Orders that reversed former President Trump’s policies directly affect race relations in the united states. They have the force of law but are not as strong and durable as legislation passed by Congress. All of this will be fully explained. These Congressional actions, if passed by the U.S. Senate, will more dramatically change the law; they too will also be explained. Finally, the murder trial of former Officer Derek Chauvin, who murdered George Floyd, which received massive international attention, will be discussed, as will any possible legal actions, civil and criminal, against former president Donald Trump.
  • 8. (IF TIME PERMITS) The Role and Limitations of the Law in Responding to Racial Discrimination (Lecture/Discussion 8)
  • In this presentation, students will consider the impact and limitations of legal strategies in the continuing struggles for civil rights. The major focus will be on how law plays a role in the historical battle to gain legal, political, and social equity for African Americans and other minority groups. A key emphasis will examine how lawyers can assist in reducing racism; this involves not only their efforts in the courtroom and filing anti-racist lawsuits, but other actions that can be effective in eliminating or reducing racism. As a comparative element, the present situation of the Roma minority in the Czech Republic will be briefly discussed, along with discussion about the possible role of Czech lawyers in addressing issues of discrimination against that population.
Literature
  • Paul Von Blum, RACISM AND THE LAW. Note: I will be using this book for my presentations, but students will not be required to read the text. The first edition is in the Masaryk University Faculty of Law Library
Teaching methods
lectures, discussions
Assessment methods
Students will write an essay of approximately one-page in the final class session offering their personal reactions to whichever cases or events we have covered in class that they find most important or personally engaging. They will have wide latitude here and they may draw on any of the materials we have covered, including the initial video, the legal cases, or any of the instructor’s presentations.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
COURSE DISCUSSIONS:

Theses comments are based on my previous experience teaching this mini-course (and now a revision) here several times since 2015. They have always been exciting and very satisfying experiences.

I would like to encourage maximum student discussion, even if we don’t cover all the material in this short course description. My view is that it’s more educationally valuable for you to take an active role than to “cover” material that you could easily forget soon after the course finishes. Please feel free to ask as many questions as you would like; there really are no “bad” questions. I will try to speak clearly in English and if there are any words or concepts you don’t understand, please let me know immediately. Also, I am available after class for any personal discussion as much as possible and I will do my best to answer emails promptly, as I do at UCLA. It has ben very gratifying to remain in contact with several former students from the Law Faculty at Masaryk University.

Email: pvonblum@ucla.edu

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