Stephen M. Rich
Associate Professor of LawUSC Gould School of Lawsrich@law.usc.edu
Work: (213) 740-9537
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 310
last updated Fri, Aug 14, 2015
Stephen Rich is an Associate Professor of Law at the University of Southern California’s Gould School of Law (“USC Gould”), where he teaches courses in employment discrimination law, constitutional equality law, and civil procedure.
Professor Rich is an expert in the field of antidiscrimination law. His work blends statutory and constitutional analysis with contemporary research in sociology and social psychology in order to analyze familiar problems concerning social injustice, affirmative action, and the practical limitations of antidiscrimination law’s enforcement from new perspectives. His representative articles in this field include Inferred Classifications, 99 Virginia L. Rev. 1525 (2013), in which he warns that the Supreme Court’s practice of inferring racial classifications from the form and practical effect of governmental action threatens race neutral affirmative action programs designed to promote racial equality regardless whether the government acted with a discriminatory purpose, and Against Prejudice, 80 George Washington L. Rev. 1 (2011), in which he argues that social psychology’s concept of a “new” prejudice, which rejects the simple equation of prejudice with malice, offers insufficient guidance when antidiscrimination law confronts forms of discrimination that masquerade as legal compliance and cannot be attributed to prejudicial motivations. In more recent publications, Professor Rich has addressed fundamental issues of statutory interpretation. For example, he has criticized the Supreme Court’s use of textualist methods to disrupt continuity between its past and present decisions in the field of employment discrimination law, and he has argued against the convergence of constitutional and statutory legal standards in order to permit the government to explore different approaches to addressing the persistent problem of racial inequality. In his most recent work, forthcoming in Southern California Law Review, Professor Rich argues that the law’s current understanding of diversity in education and employment underserves the goal of equal opportunity, and he proposes a new vision of diversity that would apply beyond the limited context of traditional affirmative action programs.
Prior to joining the faculty of USC Gould, Professor Rich practiced law at Cleary Gottlieb Steen & Hamilton LLP, where he litigated a variety of high profile matters concerning topics such as freedom of speech, securities fraud, trademark infringement, and the right to counsel. Professor Rich entered private practice after having served as a judicial law clerk to the Honorable Betty B. Fletcher on the United States Court of Appeals for the Ninth Circuit. He received his J.D. from Yale Law School, and he received his M.A. and B.A. in African American Studies concurrently from Yale University. He won prizes for his senior essay and master's thesis, both of which concentrated on issues of intellectual history and literary theory, and he was awarded the A. Bartlett Giammati Fellowship by the university. In between his two stays at Yale, Professor Rich won a Fullbright Scholarship to study music in Fes, Morocco. Returning to the United States reaffirmed his commitment to issues of social justice and equality. While at Yale Law School, Professor Rich was an Olin Fellow and after graduation performed research on issues of race and political equality as a recipient of Harvard Law School’s Reginald Lewis Fellowship. At USC Gould, Professor Rich has continued to pursue his interests in educational and workplace diversity, political and social equality, and procedural fairness. He is the law school’s first junior faculty member to receive the prestigious William A Rutter Distinguished Teaching Award.
Articles and Book Chapters
- "What Diversity Contributes to Equal Opportunity," Southern California Law Review (forthcoming 2015). - (SSRN)
- “One Law of Race,” 100 Iowa Law Review 201 (2014). - (Hein) - (SSRN)
- “Year in Review (Substantive Outline).” In California Employment Law Update, 2014, edited by Timothy J. Long. New York, NY: Practising Law Institute, 2014.
- “A Matter of Perspective: Textualism, Stare Decisis, and Federal Employment Discrimination Law,” 87 Southern California Law Review 1197 (2014). - (Hein)
- “Inferred Classifications,” 99 Virginia Law Review 1525 (2013). - (Hein) - (SSRN)
- "Against Prejudice," 80 George Washington Law Review 1 (2011). - (Hein)