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Daria Roithmayr

Daria Roithmayr

George T. and Harriet E. Pfleger Chair in Law

Last Updated: Thursday, June 22, 2017

Telephone: (213) 740-6228
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 404
Personal Website: Link
SSRN Author Page: Link

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Daria Roithmayr teaches and writes about the dynamics of racial inequality, and in particular the persistence of structural disparities in labor, housing, political participation, wealth and education. Her recent book, Reproducing Racism: How Everyday Choices Lock In White Advantage (NYU 2014), explores the self-reinforcing dynamics of persistent racial inequality. Her work is heavily interdisciplinary, drawing from economics, sociology, political theory, history and complex systems theory. She joined USC Gould School of Law in fall 2006.

Before joining USC Gould, Roithmayr taught for nine years at the University of Illinois College of Law. She has been a visiting scholar at Harvard’s Program for Evolutionary Dynamics. She has also been a visiting law professor at the University of Michigan, Georgetown, and Yale. Among her representative publications are the forthcoming “Should Law Keep Pace With Society? An Evolutionary Game Theory Approach” (working paper); “Complexity Law and Economics" (Elgar Encyclopedia of Law and Economics (T. Ulen ed. 2014); and “Critical Race Theory Meets Social Science” __ Ann. Rev. Law and Social Science ___ (2014).

Roithmayr received her BS from UCLA, and her JD, magna cum laude, from the Georgetown University Law Center, where she was a member of Order of the Coif and served as senior notes editor of the Georgetown Law Journal. She clerked for The Honorable Marvin J. Garbis, judge of the U.S. District Court for the District of Maryland.


  • Reproducing Racism:  How Everyday Choices Lock in White Advantage, (NY: New York University Press, 2014). - (www)   Reviews of Reproducing Racism: How Everyday Choices Lock In White Advantage:  
    • Van C. Tran, “Book Review of Reproducing Racism: How Everyday Choices Lock In White Advantage,” 130 Political Science Quarterly 167 (Spring 2015). - (PDF) - (Link)
    • Richard R.W. Brooks, "The Banality of Racial Inequality," 124 Yale Law Journal 2626 (2015) - (PDF)

Articles and Book Chapters

  • “Evolutionary Dynamic Theory and Empirical Method" In Methodologies of Law and Economics (Thomas Ulen, ed.) (Elgar, forthcoming 2017). - (PDF)
  • "The Dynamics of Excessive Force," 2016 University of Chicago Legal Forum 407 (2016). - (www)
  • “Should Law Keep Pace with Society? Relative Update Rates Determine the Co-Evolution of Institutional Punishment and Citizen Contributions to Public Goods,”  (with Alexander Isakov and David Rand) 6 Games 124 (June 2015). - (PDF) - (SSRN)
  • "Critical Race Theory Meets Social Science," (with Devon Carbado), 10 Annual Review of Law and Social Science 149 (2014). - (www)
  • "Faking It," Review of "Racial Capitalism," by Nancy Leon (126 Harvard Law Review 2151 (2013) and "Selling Diversity Short," by Stacy Hawkins (40 Rutgers Law Records 68 (2012). JOTWELL: The Journal of Things We Like (Lots) September 18, 2013. - (www)
  • "Poverty, Prisons, and Power," Review of "Post Racial Racism: Racial Stratification and Mass Incareration in the Age of Obama," by Ian F. Haney Lopez (98 California Law Review 1023 (2010)). JOTWELL: The Journal of Things We Like (Lots) October 22, 2012. - (www)
  • "Lessons From Mazibuko: Shifting From Rights to the Commons," 3 Constitutional Court Review 317 (2010). - (www)
  • "Racial Cartels" 16 Michigan Journal of Race and Law 45 (2010) - (Hein)
  • “Them that Has, Gets,” 27 Mississippi College Law Review 373 (2008). - (Hein)
  • “A Dangerous Supplement,” 55 Journal Legal Education 80 (2005) (review-essay reviewing Duncan Kennedy, Legal Education and the Reproduction of Racial Hierarchy) - (Hein)
  • “Locked In Segregation,” 12 Virginia Journal of Social Policy and the Law 197 (2004) - (Hein)
  • “Tacking Left: A Radical Critique of Grutter,” 21 Constitutional Commentary 191 (2004) - (Hein)
  • “Locked In Inequality: The Persistence of Discrimination,” 9 Michigan Journal of Race and Law 31 (2003) - (Hein)
  • “Access, Adequacy, and Equality: The Constitutionality of School Fee Financing in Public Education,” 19 South African Journal on Human Rights 382 (2003) - (Hein)
  • ““Easy for You to Say”: An Essay on Outsiders, the Usefulness of Reason, and Radical Pragmatism,” 57 University of  Miami Law Review 939 (2003) - (Hein)
  • “A Bad Subject,” 9 Cardozo Women’s Law Journal 501 (2003) - (Hein)
  • “Direct Measures: An Alternative Affirmative Action Program for Law Schools,” 7 Michigan Journal of Race and Law 1 (2001) (lead article) - (Hein)
  • “Left(Over) Rights,” 22 Cardozo Law Review 1113 (2001) - (Hein)
  • “Left Over Rights: Are Rights Still Useful After the Critique of Indeterminacy?” in Journal of Law, Text and Culture (Austin Sarat and Penny Pether, eds. 2001) - (Hein)
  • “Barriers to Entry: A Market Lock-in Model of Discrimination,” 86 Virginia Law Review 727 (2000). - (Hein)
  • “Introduction,” Race Is, Race Isn't: Critical Race Theory and Qualitative Studies in Education (Laurence Parker and Donna Deyhle eds. 1998). - (PDF)
  • “Guerrillas in Our Midst: The Assault on Radicals in American Law,” 96 Michigan Law Review 1658 (1998). - (Hein)
  • “Deconstructing the Distinction Between Bias and Merit,” 85 California Law Review 1449 (1998) - (Hein)


Buzzfeed News
March 18, 2018
Re: Niels W. Frenzen

Niels Frenzen was quoted on the lower evidentiary standard for arresting someone based on immigration status instead of a criminal act. The majority of immigration arrests in the United States are warrantless arrests, Frenzen said. "I don’t know if that is the case with this recent arrest in San Diego, but if CBP really had evidence that she was involved in a transnational human smuggling operation of some kind, that would definitely be a case where CBP would seek to criminally prosecute first and deport second," Frenzen said. "So the fact that CBP has arrested her on the civil law violations suggests that CBP does not have enough evidence to convince a judge to issue a criminal arrest warrant."


Robert K. Rasmussen
January, 2018

"Puerto Rico and the Netherworld of Sovereign Debt Restructuring," Workshop, Duke Law School, Durham, NC. 

Pauline Aranas
January, 2018

Pauline Aranas participated on a panel on "Effective Assessment:  Measuring Your Law Library's Impact" at the Association of American Law School's Annual Meeting in San Diego, CA.

Pauline Aranas
January, 2018

Pauline Aranas concluded her year-year term on the Executive Committee of the Association of American Law School's Section on Law Libraries and Legal Information.