ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

ADVERTISEMENT