AREAS OF INTEREST:
* Anti-Discrimination/ Equality Law, Comparative Civil Rights, Employment Discrimination, Critical Race Theory, Latin American Studies, Latino Studies, Ethnic Studies, Trusts Wills & Estates, Comparative Inheritance Law
Professor Hernandez, was awarded a 2015 Fulbright Specialist Grant to consult on racial equality projects at Université Paris Ouest Nanterre La Défense, in Paris and the University of the West Indies Law School, in Trinidad. She has previously served as a Law and Public Policy Affairs Fellow at Princeton University, a Faculty Fellow at the Institute for Research on Women at Rutgers University; a Non-resident Faculty Fellowship at the Fred T. Korematsu Center for Law and Equality, and as an Independent Scholar in Residence at the Schomburg Center for Research in Black Culture. In 2011, Professor Hernandez was named a Fellow of the American Bar Foundation, and in 2009 she was elected to the American Law Institute. Hispanic Business Magazine selected her as one of the 100 Most Influential Hispanics of 2007. Professor Hernandez serves on the editorial boards of the Law and Social Inquiry Journal of the American Bar Foundation, the Revista Brasileira de Direito e Justiça/Brazilian Journal of Law and Justice, and the Latino Studies Journal published by Palgrave-Macmillian Press.
Professor Hernandez’s scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in the California Law Review, Cornell Law Review, Harvard Civil Rights Civil Liberties Law Review, the New York Times, and the Yale Law Journal amongst other publications. Her most recent publication is the book "Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response," (Cambridge Univ. Press) (http://www.cambridge.org/us/knowledge/isbn/item6865338/?site_locale=en_US), and its Spanish translation, "La subordinación racial en Latinoamérica: El papel del Estado, el derecho consuetudinario y la nueva respuesta de los derechos civiles" (Siglo del Hombre Editores, Ediciones Uniandes, Colección Nuevo Pensamiento Jurídico, Bogotá Colombia) (http://www.siglodelhombre.com/shop.asp). The Portuguese translation will be released later this year by UFBA (Federal University of Bahia) Press in Brazil.
Publications Available at the Fordham Law Archive of Scholarship and History, http://ir.lawnet.fordham.edu
TANYA K. HERNANDEZ
Fordham University School of Law
Professor of Law
150 West 62nd Street
New York, New York 10023
YALE LAW SCHOOL, J.D. 1990
Yale Law Journal, Note Topics Editor
Northeast Black Law Students' Association Moot Court, Chair
BROWN UNIVERSITY, A.B., Sociology 1986
UNIVERSITY OF BAHIA in Brazil, study-abroad program 1985
Anti-Discrimination Scholarly Publications:
Book Chapter, The Limits of U.S. Racial Equality Without a Constitutional “Right to Work: The Latin American Comparison, in volume Constitutionalism in the Americas (Siglo del Hombre/UNIANDES university press forthcoming 2015)
Book Chapter, Multiracial in the Workplace: A New Kind of Discrimination? In Gender, Race and Ethnicity, in the Workplace: Emerging Issues and Enduring Challenges, ed. Margaret F. Karsten (Santa Barbara: Praeger ABC-CLIO, forthcoming 2015)
Book Chapter, Making Implicit Bias Research Relevant in
Employment Discrimination Cases, in volume Title
VII of the Civil Rights Act After 50 Years: Proceedings of the New York University 67th
Annual Conference on Labor (forthcoming LexisNexis
Matthew Bender, 2015).
One Path for 'Post-Racial' Employment
Discrimination Cases -- The Implicit Association Test Research as Social
Framework Evidence, 32 Journal of Law & Inequality 307-44 (2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2327133.
Sotomayor’s Supreme Court Race Jurisprudence: “Fidelity to the Law,” Yale L.J. Forum (Mar. 24, 2014), http://yalelawjournal.org/forum/sotomayors-supreme-court-race-jurisprudence.
Defending Affirmative Action: An International Legal Response, in vol. 29 Civil Rights Litigation and Attorney Fees Annual Handbook (eds. Steven Saltzman & Cheryl I. Harris 2013).
Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (Cambridge Univ. Press, 2013) (https://sites.google.com/site/racisminlatamerica/)
La subordinación racial en Latinoamérica: El papel del Estado, el derecho consuetudinario y la nueva respuesta de los derechos civiles (Siglo del Hombre Editores, Ediciones Uniandes, Colección Nuevo Pensamiento Jurídico, Bogotá Colombia, 2013) (http://www.siglodelhombre.com/search.asp).
The Value of Intersectional Comparative Analysis to the ‘Post-Racial’ Future of Critical Race Theory: A Brazil – U.S. Comparative Case Study, 43 Ct. L. Rev. 1407-1437 (2011) available at http://uconn.lawreviewnetwork.com/files/documents/Hernandez.pdf.
HATE SPEECH AND THE LANGUAGE OF RACISM IN LATIN AMERICA: A LENS FOR RECONSIDERING GLOBAL HATE SPEECH RESTRICTIONS AND LEGISLATION MODELS, 32 U. Penn. J. Int'l Law 805-841 (2011) (http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1103&context=jil).
"What Not to Wear" -- Race and Unwelcomeness in Sexual Harassment Law: The Story of Meritor Savings Bank v. Vinson, in Women and the Law Stories 277-306 (2010 Foundation Press book chapter, Elizabeth Schneider & Stephanie Wildman eds.).
Employment Discrimination in the Ethnically Diverse Workplace, Judges J., vol. 49, no. 4, Fall 2010, at 33.
Book Reviews and Other Academic Publications:
Oxford University Press Encyclopedia of Latinos and Latinas in the United States, 2d edition (forthcoming 2014) entries Mendez v. Westminster (1,000 words); Afro-Latinos (2,000 words), Affirmative Action (1,500 words), Jim Crow (500 words), and Mestizaje/Racial Mixture (1,000 words).
Greenwood Press Encyclopedia of Latino Issues Today, (forthcoming 2014)“Racially Mixed Latinos – Issues of Identity” (1,500 word entry).
Book Review Essay "The Legal Challenges of Diversity," 63(4) Journal of Legal Education 740-44 (2014)
Cengage Learning Inc. Encyclopedia of Race and Racism, 2d edition, (2013) “Discrimination: Constitutional Provisions, Legislation, and Jurisprudence” (5,000 word entry).
Book Review of Mark Goodale’s “The Dilemmas of Modernity: Bolivian Encounters with Law and Liberalism,” 35 Canadian Journal of Latin American and Caribbean Studies 252-253 (2010)..
Book Review of Edward E. Telles' “Race in Another America: The Signifcance of Skin color in Brazil,” Diverse Education October 19, 2006.
U.S. Catholic Magazine Feb 2015 issue, "Affirmative Action: A major requirement." (http://www.uscatholic.org/february2015) Why affirmative action should be a major requirement for collegesNACLA Report on the Americas Winter 2014/2015 Issue, "Revealing the Race-Based Realities of Workforce Exclusion"
New York Times, Room for Debate "'Stereotype Threat' Is Not Easily Countered" April 27, 2014
Americas Quarterly, August 01, 2013, "Affirmative Action in the Americas:The hemisphere-wide drive to make equality a human right" http://www.americasquarterly.org/affirmative-action-in-the-americas
New York Times, Room for Debate "A Watered-down Vision of Equality," June 26, 2013
The National Law Journal, June 25, 2013, "What to Celebrate and Lament About the Fisher Decision," ,http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202608481155&What_to_Celebrate_and_Lament_About_the_Fisher_Decision
Huffington Post, June 14, 2013, "Affirmative Action for the Racist in All of Us," , http://www.huffingtonpost.com/tanya-k-hernandez/affirmative-action-for-th_b_3441704.html
New York Times, Room for
Debate “Legally Mandate Wage Transparency” March 31, 2013 (http://www.nytimes.com/roomfordebate/2013/03/31/why-has-salary-parity-still-not-happened/legally-mandate-wage-transparency)
Latin America Advisor, “Will Affirmative Action in Brazilian Universities Aid
Equality” November 1, 2012 (www.thedialogue.org)
SALT Law blog “Census Racial Categories and the Latino ‘Culture’ of Black Invisibility” October 25, 2012, http://www.saltlaw.org/blog (http://law.fordham.edu/faculty/28295.htm).
New York Times, Room for Debate “We Need Latin American Style Affirmative Action” October 24, 2012 (http://www.nytimes.com/roomfordebate/2012/10/18/shrink-inequality-to-grow-the-economy/we-need-latin-american-style-affirmative-action-for-economic-growth)
Huffington Post, “The View of Affirmative Action from the Other Side of the Americas” October 9, 2012 (http://www.huffingtonpost.com/tanya-k-hernandez/fischer-v-texas_b_1951278.html)
The New York Times, Room for Debate, June 21, 2011, "Far From Random Bias," (analysis of Supreme Court Wal-Mart v. Betty Dukes decision).
Counting Race in Changing Demographics, National Institute for Latino Policy Latino Census Network, Guest Commentary, July 14, 2010(http://hispanicnewyorkproject.blogspot.com/2010/07/nilp-latino-census-network-counting.html).
Latino, African-American violence on rise since riots, Guest Columnist, Los Angeles Daily News, Sunday April 29, 2007
Roots of Latino/Black Anger, Los Angeles Times, Lead Op Ed, Sunday Jan. 7, 7, 2007, at M1 (http://articles.latimes.com/2007/jan/07/opinion/op-hernandez7).
Editorial Board Member of the Law and Social Inquiry Journal of the American Bar Foundation (2014 - present).
Associate Editor, the Revista Brasileira de Direito e Justiça/Brazilian Journal of Law and Justice (2014 - present).
Editorial Board Member, Latino Studies Journal (international peer-reviewed academic journal published by Palgrave-Macmillan Press) (2002 – present).
Senior Editor, Oxford University Press Encyclopedia of Latinos and Latinas in the United States (editorial supervision of submissions on Race, Laws and Customs) (2002 – 2005).
Aug. 2007- July 2009
Awarded 2015-16 Fordham Law School Dean's Distinguished Research Award.
Awarded 2015 Fulbright Specialist Grants to consult on racial equality projects at Université Paris Ouest Nanterre La Défense, in Paris and the University of the West Indies Law School, in Trinidad.
Appointed to 2013 Academic Advisory Council for Court Monitor to N.Y.C. "Stop and Frisk" case of Floyd v. City of New York.
Elected to the Board of Trustees of the Law & Society organization, 2013.
Appointed to the American Bar Foundation, 2011.
Selected Non-resident Faculty Fellow, Fred T. Korematsu Center for Law and Equality, 2011-2013.
"Hate Speech and The Language of Racism in Latin America: A Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models", was listed on SSRN's Top Ten download list for
· LSN: International & Comparative Law (Topic), on 03/02/2011,
· LSN: Comparative Law & Analysis (Topic), on 01/12/2011,
· LSN: Discrimination Law (Topic), on 01/12/2011,
· Law & Rhetoric eJournal. As of 01/29/2011,
· Law Educator: Courses, Materials & Teaching eJournal, on 01/16/2011, and
· LSN: Legal Education (Topic) and Law Educator: Courses, Materials & Teaching eJournal, on 02/11/2011
"Latinos at Work: When Color Discrimination Involves More than Color", was listed on SSRN's Top Ten download list for:
· LSN: Employment Statutes (Topic), on 09/27/2010,
· Employment Law eJournal, on 10/02/2010,
· PSN: Politics of Race (Topic), on10/01/2010
Law and Public Affairs Fellow, Princeton University, 2010-2011.
Faculty Fellowship, Rutgers University Institute for Research on Women, New Brunswick, New Jersey, 2004-05 Seminar "Diversity: Expanding Theory and Practice."
Scholar-in-Residence/Independent Scholar, Schomburg Center for Research in Black Culture, Fall 2003.
Board of Directors Member, National Institute for Latino Policy;
Faculty Advisory Board, Fordham University Center for Teaching Excellence;
Member of Law and Society Association;
Member of Latin American Studies Association; and
Member of Association of American Law Schools Sections on: Civil Rights; Comparative Law; Minority Groups; Property Law; and Women in Legal Education.
Planning Committee Member for the Association of American Law School 2010 New Law Teachers Conference;
Trusts & Wills Expertise:
Select Scholarly Presentations:
July 3, 2015, International Society of Public Law Conference at NYU Law School presentation "Inventing the U.S. in the Latin American Myth of Racial Democracy: What to We Compare When We Compare Racisms."
April 29, 2015, University of The West Indies St. Augustine Faculty of Law & The Lloyd Best Institute of the West Indies Public Lecture "Insights on Race and Gender Discrimination in the Workplace: Lessons from the U.S.A."
April 18, 2015, La Casa Azul (NYC) Bookstore presentation of book "Racial Subordination in Latin America."
April 16, 2015, True Blue Inclusion (NYC) presentation on Color based employment discrimination for corporate executives.
April 3, 2015, Washington University in St. Louis School of Law, Global Perspectives on Colorism presentation.
March 10, 2015, McGill University Law School (Montreal, Canada) presentation of book "Racial Subordination in Latin America"
Feb. 27, 2015, Syracuse University Black Political Thought and Social Justice Workshop presentation of paper "Multiracials in the Workplace"
Feb. 25, 2015, Smithsonian National Museum for African-American History & Culture Workshop for the UN's International Decade on People of African Descent Conference presentation on affirmative action in Latin America.
Nov. 27-28, 2014, University of Paris, West in Nanterre, Grammars of Equality Conference presentation on comparative discrimination law.
October 27, 2014, Duke University Sociology Race Workshop presentation of paper "Inventing the United States in the Latin American Myth of Racial Democracy."
October 23, 2014, Schomburg Center for Research on Black Culture (NYC) AfroLatin@s Now: Race Counts! conference presentation on comparative racial census taking politics.
October 21, 2014, NYU Workshop for book release of Edward Telles, "PIGMENTOCRACIES: Ethnicity, Race, and Color in Latin America" book review commentary.
October 17, 2014, CUNY Graduate Center Conference
October 3, 2014, UCLA Law School Critical Race Studies Symposium 20th Anniversary of Cheryl Harris's "Whiteness as Property," Plenary Panel Global Engagements with Whiteness as Property.
Sept. 17, 2014, Fordham Law School "Whiteness in the Americas" Joint Book Event with Historian Nell Irvin Painter.
Aug. 22, 2014, Universidad de los Andes Law School, Bogota Colombia, Constitutionalism in the Americas Conference presentation.
Aug. 1, 2014, Southeastern Association of Law School Conference presentation of paper "Multiracials at Work."
June 24, 2014, Association of American Law Schools Transnational Equality Law Conference presentation.
June 20, 2014, Yale Law School SELA Constitutional Theory and Politics Seminar in Latin America, Lima Peru.
June 5, 2014, NYU Law 67th Annual Conference on Labor Law presentation on "Expert Witnesses and Implicit Bias/Propensity to Stereotype Evidence."
May 14, 2014, Inter-American Commission on Human Rights Lecture at the Organization of American States, "Racial Innocence in the Americas: a U.S. - Latin American Comparison."
April 5, 2014, Yale Law School Critical Race Theory Conference presentation on Transnational Comparative Critical Race Theory.
March 24, 2014, Princeton University Thinking About Race Book Series on the 50th Anniversary of the Civil Rights Act, presentation of "Racial Equality Across the Americas."
March 3, 2014, Seattle Law School Book Presentation of "Racial Subordination in Latin America."
February 17, 2014, MALDEF Latino State of the Union televised presentation of "Legal Challenges for Latinas/os in 2014."
February 10, 2014, Albany Law School Book Presentation of "Racial Subordination in Latin America."
February 6, 2014, Barnes & Nobles, Chicago Book presentation of "Racial Subordination in Latin America."
February 3, 2014, Yale Law Journal Symposium on Justice Sotomayor's First Five Years on the Supreme Court, presentation "Sotomayor's Supreme Court Race Jurisprudence - 'Fidelity to the Law.'"
January 30, 2014, Network of Interdisciplinary Investigation & Diffusion on Identities, Racism & Xenophobia in Latin America International Colloquium at UNAM Mexico City, presentation "Racial Subordination in Latin American and Customary Law."
December 6, 2013, Northeast People of Color Scholarship Conference at Univ. of Puerto Rico, panel presentation "Race, Color, Ethnicity and Racial Profiling."
November 22, 2013, Inter-American Commission on Human Rights Rapporteurship on the Rights of Persons of African Descent and against Discrimination Forum on Race, Discrimination and Economic, Social and Cultural Rights in North America, convened at McGill Univ. Faculty of Law Montreal, presentation of Reinvigorating the Legal Enforcement of Racial Discrimination – The Role of Implicit Bias."
Nov. 1, 2013, Association for the Study of the Worldwide African Diaspora Biennial Conference in Dominican Republic, Reader Meets Author discussion of Tanya Hernandez book "Racial Subordination in Latin America."
October 25, 2013, U.C. Berkeley Law Henderson Center for Social Justice Symposium Working for Change: Low-Wage Earners at the Tipping Point, presentation "Implicit Bias and Employment Discrimination Claims."
October 24, 2013, Lawyers' Committee for Civil Rights Under the Law & Howard Law School Symposium, D.C., Civil Rights at a Critical Juncture: Confronting Old Conflicts and New Challenges," panel presentation "Alternative Universes? A Look at Affirmative Action in the Americas."
October 18, 2013, Univ. of Minnesota Law School Symposium Civil Rights and Civil Justice: 50 Years Later, presentation of paper "One Path for 'Post-Racial' Employment Discrimination Cases -- Inserting Implicit Bias Research into Social Framework Evidence."
October 11, 2013, Univ. of Miami Center for Hemispheric Policy, Advancing the Inclusion of Latin America and the Caribbean's Ethnic and Racial Minorities, panel presentation "Poverty Alleviation and Empowerment of Minorities in the Political Arena."
October 1, 2013, Bank of New York Mellon, Latin America Management Committee, N.Y., Lecture "Diversity in Latin America -- Adapting to the Changing Landscape."
September 27, 2013, UNLV Law School Annual Colloquium on Current Scholarship in Labor & Employment Law, presentation "Title VII at Its 50th Anniversary and Its Importance to Labor and Work Law."
September 13, 2013, Global Summit of Afro-descended Mayors and Leaders, Cali Colombia, "Legal Response to Racial Discrimination in Latin America."
July 22, 2013, Inter-American Working Group of the Bringing Human Rights Home Lawyers' Network, Expert Convening on Intersectionality in the Inter-American Human Rights System.
July 19, 2013, Schomburg Center for Research in Black Culture Summer Education Institute 2013 Lecturer on Incorporating Afro-Latino History into K-12 and University Teaching.
June 28, 2013, African American Policy Forum Webinar presentation of "Supreme Court Race Jurisprudence of the 2012-13 Term."
June 12, 2013, U.S. State Department, U.S.-Colombia Action Plan on Racial and Ethnic Equality Plenary Meeting, D.C., "Access to Education in the United States -- The Role of Implicit Bias."
Association of American Law
Schools Workshop for Pretenured Minority Law School Teachers, panel
presentations “Service: When to Say No, When to Say Yes” June 2013, June 2012, & June 2011; and “Promotion and Tenure: Getting to Yes,” June 2010, June 2009 & June 2008.
June 2, 2013, Law & Society Conference Reader Meets Author discussion of Tanya Hernandez book "Racial Subordination in Latin America."
May 31, 2013, Latin American Studies Association Conference Reader Meets Author discussion of Tanya Hernandez book "Racial Subordination in Latin America."
May 3, 2013, NYU Center for Latin American and Caribbean Studies presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
March 11, 2013 Columbia Law School presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
February 28, 2013 Birmingham Civil Rights Institute presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
February 28, 2013 Keynote Address at Cumberland Law School Annual Thurgood Marshall Symposium, “Confronting Modern Barriers to Civil Rights Advocacy in America”
February 8, 2013 Yale Law School Critical Race Theory Conference, “Critical Race Theory in the Courts Today: A Tale of “the Good, the Bad and the Ugly”
January 24, 2013 Schomburg Center for Black Culture presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
November 16, 2012 UNIANDES Law School, Colombia “Sexual Harrassment Litigation and Women of Color in the United States”
November 15, 2013 UNIANDES Law school, Colombia presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press)
November 2, 2012 Inter-American Dialogue, DC presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
October 24, 2012 NYU Program in Africana Studies presentation of book: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response, (Cambridge Univ. Press).
Hispanic Bar Association of New Jersey CLE presentation, “Coming to a Legal Understanding of Implicit Bias,” May 10, 2012.
W.K. Kellogg Foundation America Healing Conference presentation “The Utility of Critical Race Theory for Understanding Race Relations,” April 26, 2012.
Toledo Law School Cannon Lecture, “Sexual Harassment and Women of Color,” March 26, 2012.
New Jersey State Bar Association CLE presentation “From Implicit Bias to Broader Inclusion in the Legal Profession,” Feb. 29, 2012.
University of Milan (Italy) Law School presentation “Race and Law in the United States,” Nov. 22, 2011.
University of Insubria (Italy) Law School presentation “U.S. Sexual Harassment Law and Women of Color,” Nov. 23, 2011.
Afro-Latino Forum Conference at CUNY Graduate Center, “Afro-Latinos Now! Strategies for Visibility and Action”, panel discussion "Connecting Stories: The Practice of Racial Dialogues," Nov. 4, 2011
Kramer Levin Naftalis & Frankel LLP firm CLE presentation “Employment Discrimination Litigation in a Growing Multiethnic Society,” Sept. 8, 2011.
Hastings Law School Critical Race Theory and Empirical Methods Workshop, Aug. 3, 2011.
Korematsu Center for Law and Equality at Seattle Law School, Intergroup Conflict and Cooperation Research Workshop, presentation “Latino-Black Inter-Ethnic Violence: The Untold Tale of Bias and Turf Defense,” July 30, 2011.
Regional Conference on the International Year for People of African Descent, The Situation of Afro-descendants in the Americas: Prospects and Challenges Hall of the Americas, Organization of American States, Washington D.C. (March 14, 2011), presentation on Racial Discrimination in the Latin American justice systems.
Spain Ministry of Equality Seminar Strategies for Equal Treatment (Antigua, Guatemala) presentation of “The American Model of Civil Rights Law,” Nov. 2010.
Princeton University, Law and Public Affairs Program Seminar presentation "Hate Speech and the Language of Racism in Latin America: A Lens for Reconsidering Hate Speech Legislation Models," Nov. 2010.
University of Texas Austin, presentation “Hate Speech and the Language of Racism in Brazil,” Nov. 2010.
Hue-Man Bookstore, New York, presentation of Afro-Latin@s and the Latino Workplace, in The Afro-Latin@ Reader: History and Culture in the United States 520-526 (2010 Duke Univ. Press book chapter, Juan Flores & Miriam Jimenez Roman, eds.) October 2010.
City of Tallahassee Mayor's Summit on Race, Culture and Human Relations, presentation of "Employment Discrimination in the Age of Diversity," October 2010.
Association of American Law Schools 2010 Mid-Year Meeting, Workshop on Have We Moved Beyond the Color Line, panel presentation “Counting Race in Changing Demographics” June 2010.
Law and Society, Chair Panel, Author Meets Reader of “Making Anti-Racial Discrimination Law: A Comparative History of Action and Anti-Racial Discrimination Law” by Iyiola Solanke (May 2010).
Yale Law School, presentation of paper “The Role of the State in the Regulation of Race in Latin America” April 14, 2010.