Collaborative Research Networks
Organizers
Carliss Chatman, Chaumtoli Huq, Nicole Iannarone, and Marissa Jackson Sow
The CRN on Race and Private Law focuses on the essential nature of contract and related courses such as Business Law, Labor and Employment, International Business Transactions, International Economic Law, and International Trade in shaping legal doctrines, alongside their pivotal role in the distribution of social and material advantages that often determine racial and economic disparities. Matters of race are often relegated to discussions of rights and framed in relation to government actors and public agencies, and rarely, discussed in the context of international economic laws or business. This CRN considers the role of private ordering and private actions in matters of race, with the goal of serving as a space for scholars interested in introducing a more fulsome socio-historical approach to private law to engage each other’s research projects and networks globally. This CRN seeks an interdisciplinary approach, inviting scholars in law, economics, history, sociology, anthropology, education, philosophy and cultural studies to engage in its focus on private ordering.
Prevailing neoclassical ideals embedded within contract and business law, such as its emphasis on objectivity, the freedom to contract, and rational decision-making, coupled with their tendency towards race-neutral interpretations of law , often obscure or marginalize the role of race within private law globally. The essential nature of contract law becomes particularly pronounced against the backdrop of neoliberal state policies. Neoliberalism has not only unleashed economic turmoil in marginalized communities throughout the world, but it has also worsened tragedies such as the COVID-19 pandemic, climate catastrophe and the economic divide for marginalized peoples and nations.
Discussions surrounding corporate governance, including the significance of Environmental, Social, and Governance (ESG) reporting standards, have thrust corporate social responsibility into the forefront of dialogues and solutions concerning contractual relationships within corporate realms, both nationally and abroad. Discussions of race are siloed to the sphere of human rights or to public international actors, and race is decidedly understudied in relation to corporate actors. As stakeholders increasingly press for transparency and accountability from corporations, comprehending the intersection of racialization and commonplace corporate practices and policies becomes essential for fostering equitable outcomes in contractual negotiations.
In the United States, the discourse sparked by The 1619 Project and the controversies surrounding the banning of critical race theory in educational institutions underscores the imperative of delving deeper into the way race and racism have influenced the development of law. Private law remains a vital arena for investigating the enduring dynamics of race and power in law and political economy. The concept of a liberalized free market governed by the traditional notion of “freedom of contract” has exacerbated pre-existing disparities in the realms of contractual negotiations, enforcement, and remedies. These trends provoke crucial inquiries into the role of contract law in shielding citizens against exploitation and ensuring equitable competition, especially for racial minorities who often encounter systemic obstacles to economic advancement.
This CRN will focus on these private law issues serving as a collaborative space for scholars internationally to share their work and find potential synergies to make lasting impact. Many private law scholars work in silos and face opposition when bringing in considerations of race and ethnicity in their work. Additionally, matters of race and diversity are addressed cyclically in the private law CRNs, when social movements or trends force them to the forefront. This CRN seeks to prioritize race in private law, creating a repository for thought that future scholars can build upon.