Brown's Critical Race Theory Materials for Racial Bias and the Judiciary, 4th

The Racial Bias and the Judiciary Chapter looks at the question of whether a judge’s racial identity matters in their decision-making process? It describes why a diverse judiciary is important to its claims for legitimacy and provides tools for examining judicial opinions for racial bias. Questions raised include whether judges who were enslavers should have recused themselves from any case involving slavery? It describes the history of how black judges were asked to recuse themselves from race discrimination cases brought by black plaintiffs and considers whether white judges should recuse themselves from employment discrimination cases where white plaintiffs argue they are the victims of racial discrimination? It ends by thinking through best practices for how race should be addressed in judicial opinions.