Daria Roithmayr

George T. and Harriet E. Pfleger Chair in LawUSC Gould School of Law

Daria Roithmayr
Work: (213) 740-6228
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 468
Personal Website: http://www.dariaroithmayr.com/

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last updated Fri, Mar 28, 2014

Daria Roithmayr teaches and writes in the area of critical race theory and comparative law, focusing on the area of structural racial inequality in the U.S. and South Africa. Her interdisciplinary work draws from complex systems theory, antitrust, law and economics, sociology, history and a range of other areas. She joined USC Law in fall 2006 to teach Civil Procedure and Critical Race Theory.

Before joining USC Law, Professor Roithmayr taught for nine years at the University of Illinois College of Law. She has also visited at Michigan, Minnesota, and the University of Pretoria in South Africa. Among her publications are the forthcoming Them That's Got Shall Get: Why Racial Inequality Persists, “Locked in Segregation” (Virginia Journal of Social Policy and Law, 2004); and “Access, Adequacy, and Equality: The Constitutionality of School Fee Financing in Public Education” (South African Journal of Human Rights, 2003). She is currently working on a book that analogizes persistent racial inequality to persistent market monopoly.

Professor Roithmayr received her B.S. from UCLA, and her J.D., magna cum laude, from the Georgetown University Law Center, where she was a member of Order of the Coif and served as senior notes editor of the Georgetown Law Journal. She clerked for The Honorable Marvin J. Garbis, judge of the U.S. District Court for the District of Maryland. Professor Roithmayr twice served as special counsel to Senator Edward Kennedy on Supreme Court nominations, and in 2005 was special counsel for People for the American Way, advising the group on the U.S. Supreme Court nomination of Judge John Roberts. She also served as special counsel for the Attorney General of Mississippi on the state’s anti-tobacco lawsuit. Since 2000, she has been a consultant for the Education Rights Project in South Africa.

Books

  • Reproducing Racism:  How Everyday Choices Lock in White Advantage.  (NYU Press, 2014)   - (www)

Articles and Book Chapters

  • "Complexity Law and Economics" In Methodologies of Law and Economics (Thomas Ulen ed.) (Elgar, forthcoming 2014). - (PDF)
  • "Critical Race Theory Meets Social Science," (with Devon Carbado), 10 Annual Review of Law and Social Science (forthcoming 2014).
  • "Faking It," Review of "Racial Capitalism," by Nancy Leon (126 Harvard Law Review 2151 (2013)) and "Selling Diversity Short," by Stacy Hawkins (40 Rutgers Law Records 68 (2012)). JOTWELL: The Journal of Things We Like (Lots) September 18, 2013. - (www)
  • "Poverty, Prisons, and Power," Review of "Post Racial Racism: Racial Stratification and Mass Incareration in the Age of Obama," by Ian F. Haney Lopez (98 California Law Review 1023 (2010)). JOTWELL: The Journal of Things We Like (Lots) October 22, 2012. - (www)
  • "Lessons From Mazibuko: Shifting From Rights to the Commons," 3 Constitutional Court Review 317 (2010). - (www)
  • "Racial Cartels" 16 Michigan Journal of Race and Law 45 (2010) - (Hein)
  • “Them that Has, Gets,” 27 Mississippi College Law Review 373 (2008). - (Hein)
  • “A Dangerous Supplement,” 55 Journal Legal Education 80 (2005) (review-essay reviewing Duncan Kennedy, Legal Education and the Reproduction of Racial Hierarchy) - (Hein)
  • “Locked In Segregation,” 12 Virginia Journal of Social Policy and the Law 197 (2004) - (Hein)
  • “Tacking Left: A Radical Critique of Grutter,” 21 Constitutional Commentary 191 (2004) - (Hein)
  • “Locked In Inequality: The Persistence of Discrimination,” 9 Michigan Journal of Race and Law 31 (2003) - (Hein)
  • “Access, Adequacy, and Equality: The Constitutionality of School Fee Financing in Public Education,” 19 South African Journal on Human Rights 382 (2003) - (Hein)
  • ““Easy for You to Say”: An Essay on Outsiders, the Usefulness of Reason, and Radical Pragmatism,” 57 University of  Miami Law Review 939 (2003) - (Hein)
  • “A Bad Subject,” 9 Cardozo Women’s Law Journal 501 (2003) - (Hein)
  • “Direct Measures: An Alternative Affirmative Action Program for Law Schools,” 7 Michigan Journal of Race and Law 1 (2001) (lead article) - (Hein)
  • “Left(Over) Rights,” 22 Cardozo Law Review 1113 (2001) - (Hein)
  • “Left Over Rights: Are Rights Still Useful After the Critique of Indeterminacy?” in Journal of Law, Text and Culture (Austin Sarat and Penny Pether, eds. 2001) - (Hein)
  • “Barriers to Entry: A Market Lock-in Model of Discrimination,” 86 Virginia Law Review 727 (2000). - (Hein)
  • “Introduction,” Race Is, Race Isn't: Critical Race Theory and Qualitative Studies in Education (Laurence Parker and Donna Deyhle eds. 1998). - (PDF)
  • “Guerrillas in Our Midst: The Assault on Radicals in American Law,” 96 Michigan Law Review 1658 (1998). - (Hein)
  • “Deconstructing the Distinction Between Bias and Merit,” 85 California Law Review 1449 (1998) - (Hein)