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Dean's Desk: Are we satisfied with the color of the legal profession?

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ivan Bodensteiner DeanIn an earlier article (Indiana Lawyer, Aug. 28, 2013; Vol. 24, No. 13), I questioned the accepted wisdom that there are too many attorneys in the United States and suggested the problem may be in the distribution. I also questioned whether the lack of diversity in the legal profession leads to questions about the credibility of our system of justice. Ms. Odendahl addressed diversity in her article entitled, “Diversity in legal community growing, but pace too slow.” (Indiana Lawyer, Sept. 11, 2013; Vol. 24, No. 14) Others have expressed concern about the lack of racial diversity in the legal profession, but we have struggled in our efforts to make significant change.

Certainly photos of law school graduating classes and bar association members today look different than those taken 40 years ago. The most striking difference is the number of females. Without getting into continuing disparities in earnings and management, law schools and the profession have made progress toward gender equity. Why is racial equity so much more difficult to achieve? Here is my simple answer – the path to law school has always favored privilege and law school rankings, which are far too influential, and result in law schools favoring privilege even more.

In her powerful book, “Moving Diversity Forward: How to go From Well-Meaning to Well-Doing” (ABA 2011), Verna A. Myers says “[w]hite privilege is the name given to the implicit advantages that occur to white people in U.S. society, because they belong to a group that was long ago deemed ‘better than’ or superior” and “without understanding white privilege, it is hard to grasp racial inequality and its causes.” Id. at 109. In short, this is “unearned privilege.” Id. To help understand white privilege, Ms. Myers describes an exercise (“Privilege Walk”) she uses. The participants form a straight line, horizontally across the room, so they all have the same starting point. They are asked to step forward or step back, depending on their answer to each of the following questions:

• If your ancestors were forced against their will to come to the United States, step back.

• If most of your family members worked in careers requiring college education, step forward.

• If you were ever called hurtful names because of your [major identity markers], step back.

• If there were more than 50 books in your house when you grew up, step forward.

• If you were often embarrassed or ashamed of your material possessions, step back.

• If you attended a private school or summer camp, step forward.

• If you ever tried to change your appearance, behavior or speech to avoid being judged on the basis of your [major identity markers], step back.

• If your parents told you that you were beautiful, smart and capable, step forward.

• If your family owned its own house, step forward.

• If you ever were offered a good job because of your association with a friend, mentor or family member, step forward.

• If you believe that an employer turned you down because of your [major identity markers], step back.

• If your parents did not grow up in the United States, step back.

• If your primary ethnic identity is American, step forward.

• If your racial or ethnic group constitutes a majority of your organization’s leadership, step forward.

• If the head of your organization is of your same race/ethnicity, step forward.

• If you’ve been mentored at work by someone of your own race/ethnicity, step forward.

• If most of your clients (customers) are of your same race/ethnicity, step forward.

• If you frequently are the only person of your race/ethnicity at work meetings, step back.

Id. at 112-13. You get the picture. Now, who is in the best position to be the first person to reach the $20 bill, held by a person standing in front of the group? Id. at 113.

In admitting students, law schools continue to rely on factors associated with privilege, including undergraduate GPA (and the prestige or ranking of the institution awarding the degree) and LSAT score (often influenced by the quality of education and ability to pay for a preparation course). As long as factors associated with privilege continue to play a dominant role in access to law schools, progress in diversifying the profession will be very slow. Are we willing to discount white privilege and look for other factors that better predict success in law school and the profession? If not, we should not pretend we want to diversify the profession.•

__________

Ivan Bodensteiner, a nationally recognized authority on constitutional law and civil rights, is the interim dean at Valparaiso University Law School. He has served as interim dean since March 2013.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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