Coded Disadvantage: A Historical Analysis of Legal Language and its Impact on Marginalized Communities

• In Event: Poster Session 1

Abstract

This study explores how legal language and historical biases perpetuate racial and ethnic disparities in access to justice and relief in courts. US immigration and drug laws contain complex legalese and the laws themselves create barriers for non-native English speakers as they are carried out. These barriers impede access to relief and justice, while the subtext (or even actual wording) of the language used in these laws may reinforce negative stereotypes and fuel disparate enforcement. The present study examines the evolution and responsiveness of laws to social justice movements and legal reforms by identifying the historical lag between the change in legal language and these movements. This poster will present preliminary findings from our systematic review of legal texts and statutes throughout American history that may use legal language is a mechanism to further disadvantage marginalized communities.

Author

• Jaidyn Barrera, Texas A&M University-San Antonio