Data, Law, and the Hidden Power of the Archives

Abstract: The United States Supreme Court has made it nearly impossible to prove that a particular law is racially discriminatory. Under the standards the Court established in the 1970s, statistics alone would no longer be sufficient, making archival materials the only available evidentiary sources that can be used to prove discriminatory intent behind the enactment of criminal and civil laws. Although the proof lies in the historical record, it has yet to be fully utilized in this manner. Focusing her discussion on crime control policies enacted in the 1980s and 1990s, Elizabeth Hinton will explore the way data and archives can together combat racial discrimination and advance social justice through the law.