Systemic Racism in U.S. Law with Anthony Farley and Benjamin Davis (Episode 64)

The intersection of domestic civil rights struggles and international human rights law represents a critical frontier in the fight against systemic racism and state-sanctioned violence. The UN Human Rights Council's historic George Floyd resolution marked a watershed moment, demonstrating how international legal mechanisms can be mobilized to address persistent patterns of racial oppression within the United States. This development reflects broader questions about the relationship between legal systems and liberation, particularly when examining how the rule of law itself may function as a mechanism for perpetuating racial hierarchies rather than dismantling them. Critical race theorists have long argued that legal structures, rather than providing pathways to freedom, may actually constitute sophisticated forms of control that maintain white supremacist power relations through seemingly neutral juridical processes.

Join host Professor Sahar Aziz for a powerful dual presentation featuring Professor Benjamin Davis, who examines the international legal implications of the UN Human Rights Council's response to systemic racism in America, and Professor Anthony Farley from Albany Law School, whose groundbreaking work in Critical Race Theory explores how the very foundations of law and property rights emerge from and perpetuate anti-Black violence. Professor Davis analyzes how international human rights mechanisms are finally turning their scrutiny toward American racial injustice, while Professor Farley presents his provocative thesis that legal liberation itself may be an impossibility within current juridical structures. Together, these distinguished scholars challenge listeners to confront uncomfortable truths about whether reform within existing legal frameworks can ever achieve genuine racial justice, or whether more fundamental transformations of law and society are necessary.

#Racism #CRT #CriticalRaceTheory #CivilRights

Biography

Anthony Paul Farley is the James Campbell Matthews Distinguished Professor of Jurisprudence at Albany Law School, where he specializes in constitutional law, criminal procedure, and legal theory. He is a member of the American Law Institute and has served on the Board of Governors of the Society of American Law Teachers (SALT) and the Executive Committee of the Minorities Section of the Association of American Law Schools. Prior to joining Albany Law School, Professor Farley was a tenured faculty member at Boston College Law School for 16 years. Before entering academia, he served as an Assistant U.S. Attorney in the Office of the U.S. Attorney for the District of Columbia and practiced law as a Corporate/Securities Associate with Shearman and Sterling in New York City. He is a graduate of Harvard Law School and the University of Virginia.

Benjamin G. Davis is Professor of Law Emeritus at the University of Toledo College of Law, where he taught public international law, contracts, and alternative dispute resolution. He holds degrees from Harvard College, Harvard Law School, and Harvard Business School. Before entering academia, Professor Davis served as American Legal Counsel at the International Court of Arbitration of the International Chamber of Commerce in Paris, where he supervised over 1,000 international arbitration and mediation cases. He led the successful effort in the American Society of International Law to pass its Centennial Resolution on Laws of War and Detainee Treatment, only the eighth resolution in that organization’s history. He has written and spoken extensively on accountability for torture, military commissions, and international human rights law.

Recommended Readings

The Black Body as Fetish Object, Oregon Law Review (1997)

Perfecting Slavery, Loyola University Chicago Law Journal (2004)

The Colorline as Capitalist Accumulation, Buffalo Law Review (2008)