When Critical Race Theory Enters the Law & Technology Frame

22 Pages Posted: 22 Mar 2021 Last revised: 3 Jun 2021

See all articles by Jessica Eaglin

Jessica Eaglin

Indiana University Maurer School of Law

Date Written: February 4, 2021


This essay suggests that law and technology scholarship tends to focus on fixing technologies without critically analyzing the role of law in creating the social context in which the technologies are adopted. It demonstrate how legal scholars incorporate a critical race lens to expand the discourse on law and technology as an antidote to this tendency in at least two ways. First, scholars draw upon an understanding of race as a socially and historically situated construct to critique the intersection between law and technology in society. Second, scholars illuminate how race shapes our perceptions of social reality to provide guidance on how to expand critiques of law through examination of technologies in society as well. In framing these critiques as the intersection of critical race theory and law, this essay seeks to expand the kinds of questions being interrogated by legal scholars at the intersection of race, technology and the law going forward.

Keywords: race, law and technology, critical race theory, actuarial risk assessments

Suggested Citation

Eaglin, Jessica, When Critical Race Theory Enters the Law & Technology Frame (February 4, 2021). __ Michigan Journal of Race & Law __ (2021 Forthcoming), Indiana Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3779365

Jessica Eaglin (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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