Rachel Moran

Austin Wakeman Scott Visiting Professor of Law

Fall 2017

Areeda 331

617-496-4470

Assistant: Rachel Keeler / 617-495-8304

Biography

Rachel F. Moran is Dean Emerita and Michael J. Connell Distinguished Professor of Law at UCLA School of Law. Prior to her appointment at UCLA, Professor Moran was the Robert D. and Leslie-Kay Raven Professor of Law at UC Berkeley School of Law. From July 2008 to June 2010, Moran served as a founding faculty member of the UC Irvine Law School.

Professor Moran is a leading scholar on equality of opportunity in education. She has written numerous articles and book chapters exploring bilingual education, desegregation, and affirmative action. In addition, she is co-author of one of the most widely adopted casebooks in the field, Educational Policy and the Law (Cengage 2011) (with Mark G. Yudof, Betsy Levin, James E. Ryan, and Kristi L. Bowman). She is presently at work on a trilogy of articles addressing the impact of rising inequality on the right to elementary and secondary education, access to higher education, and the structure of legal education and the legal profession.

Professor Moran has published widely on questions of race and the law. Her work includes two highly regarded books on the subject: Interracial Intimacy: The Regulation of Race and Romance (Chicago 2001), and Race Law Stories (Foundation Press 2008) (with Devon W. Carbado). In 2015, she was chosen as the inaugural William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation (ABF). In that capacity, she is co-directing an ABF research project on “The Future of Latinos in the United States: Law, Opportunity, and Mobility” with Robert L. Nelson, Director Emeritus of the ABF. Recognizing that Latinos will account for nearly 30% of the American population by 2050, the project will host a series of regional roundtables and a national summit to explore the obstacles and opportunities that this growing population faces. The project also will pursue innovative ways to bridge the access to justice gap for Latinos and to prepare emerging leaders to craft the laws and policies needed to ensure the full integration and inclusion of this community.

Professor Moran is highly active in the legal and educational community. In September 2011, she was selected by President Barack Obama to serve on the Permanent Committee for the Oliver Wendell Holmes Devise. She was appointed President of the Association of American Law Schools (AALS) in 2009 and previously was a member of the AALS Executive Committee. In May 2014, she was chosen by American Bar Association (ABA) President James R. Silkenat to serve on the ABA Task Force on the Financing of Legal Education. She sat on the Standing Committee of the ABA Division of Public Education; served as a Senator of the Phi Beta Kappa Society; and was chair of the AALS Nominating Committee for 2013 Officers and Members of the Executive Committee. She is presently serving on the Program Planning Committee for the 2017 Annual Meeting of the AALS. She is a Fellow of the American Bar Foundation, a member of the American Law Institute, and a Fellow of the Civil Rights Project/Proyecto Derechos Civiles.

Moran received her A.B. in Psychology with Honors and with Distinction from Stanford University in 1978, where she was elected to Phi Beta Kappa her junior year. She obtained her J.D. from Yale Law School in 1981. Following law school, she clerked for Chief Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and worked for the San Francisco firm of Heller Ehrman White & McAuliffe. She joined the Boalt faculty in 1983. She has been a visiting professor at UCLA (1988, 2002), Stanford (1989), NYU School of Law (1996), the University of Miami Law School (1997), the University of Texas (2000) and Fordham Law School (2005). From 1993 to 1996 Moran served as Chair of the Chicano/Latino Policy Project (now the Center for Latino Policy Research) at UC Berkeley’s Institute for the Study of Social Change, and in 2003, she became Director of the Institute. In 1995, she received the UC Berkeley Distinguished Teaching Award.

Areas of Interest

Race Law Stories (Rachel F. Moran & Devon W. Carbado eds, Foundation Press 2008).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Race & Ethnicity
,
Civil Rights
Type: Book
Abstract
Race Law Stories brings to life well-known and not-so-well known legal opinions―hidden gems―that address slavery, Native American conquest, Chinese exclusion, Jim Crow, Japanese American internment, immigration, affirmative action, voting rights and employment discrimination. Each story goes beyond legal opinions to explore the historical context of the cases and the worlds of the ordinary people and larger-than-life personalities who drove the litigation process. The book’s multiracial and interdisciplinary approach makes it useful for courses on race and the law and Critical Race Theory both inside and outside the law school as well as for undergraduate and graduate courses in ethnic studies. Each story illuminates the role that the law has played in both creating and combating racial inequality. Race Law Cases, an edited collection of the cases discussed in the Race Law Stories, will be available as a supplement in 2008.
Rachel F. Moran, The Story of Lau v. Nichols: Breaking the Silence in Chinatown, in Education Law Stories 111 (Michael A. Olivas & Ronna Greff Schneider eds., 2007).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Discrimination
,
Children's Law & Welfare
,
Education Law
Type: Book
Abstract
Lau v. Nichols is a landmark case in language rights. There, the Court recognized for the first time that children who do not speak English have a right to special assistance in the public schools. Lau was decided under Title VI of the Civil Rights Act rather than the Constitution. Nonetheless, the decision has endured for thirty years as a benchmark of equal treatment for English language learners. Despite Lau’s singular importance, the story behind the case has never been fully told. This chapter relies on court documents, newspaper coverage, interviews, and scholarly literature to describe how the lawsuit began, how the litigation strategy changed over time, and how the students secured a surprising and unanimous victory in the United States Supreme Court. The attorney who filed the case believed that it had to be “Lau, not Lopez” to maximize the chances of success in federal court. His strategy capitalized on the image of Asian Americans as the model minority. Although Lau was brought by Chinese-speaking students, its protections have most often been invoked by children whose primary or home language is Spanish. The role that Spanish speakers have played in keeping Lau alive is vitally important because the Justices did not specify any particular remedy for language discrimination. As legal and political battles continue to be waged to preserve bilingual education programs, the story of Lau provides an invaluable and long overdue look at the ideological and educational struggles that forged this important civil right.
Rachel F. Moran, Interracial Intimacy: The Regulation of Race and Romance (Univ. Chicago Press 2001).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Gender & Sexuality
,
Domestic Relations
Type: Book
Abstract
As late as the 1960s, states could legally punish minorities who either had sex with or married persons outside of their racial groups. In this first comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of that history, candidly confronting its profound effects on not only conceptions of race and identity, but on ideas about sex, marriage, and family.

Education History