If I were in their role and in their position, I probably wouldn’t understand it either, that a club really can’t attract minority members.
– Judge Gilbert S. Merritt Jr. of the Sixth Circuit, commenting to the New York Times about two of his colleagues on the court — Eric L. Clay and R. Guy Cole Jr., both African-American — and their strong reactions against a bankruptcy judge’s membership in an all-white, all-male country club.
(Judge Merritt is also a member of the Belle Meade Country Club, although an honorary one without voting privileges.)
On Friday, we discussed the discrimination claims made against Ropes & Gray by John H. Ray III. Ray, a 2000 graduate of Harvard Law School and an African-American man, claimed that he was discriminated against and passed over for partner on account of his race.
At the time of our prior post, Ray did not comment beyond what was in his filings before the Equal Employment Opportunity Commission (EEOC). But now Ray has contacted us with his rebuttal to Ropes, explaining that when he previously declined to comment, he “did not know that you intended to rely on a determination letter that had been rescinded and largely discredited in at least its factual description by my reconsideration requests.”
John Ray’s response is lengthy and detailed. Check it out below….
When I worked in private practice, I once had a case opposite Ropes & Gray. The Ropes lawyers made a highly positive impression on me. They were very talented advocates (and they continue to be talented advocates; note the firm’s recent, high-profile victory in the defense of an in-house lawyer for a drug company).
Of course, many top firms have excellent lawyers. The Ropes attorneys were also… nice. They were polite, and genteel, and not difficult to deal with (in contrast to some of their co-counsel). They met my expectations of what lawyers from an old white-shoe firm should be like. [FN1]
In light of this overall Ropes & Gray “niceness,” it’s a bit surprising to see discrimination claims lodged against the firm. In March, we wrote about a lawsuit filed against Ropes by Patricia Martone, a former partner and noted IP litigatrix. Martone, represented by the high-powered Anne Vladeck, alleged age discrimination, sex discrimination, and retaliation.
Today we bring you news of another discrimination lawsuit brewing against the firm. The potential plaintiff has an impressive pedigree. But do his claims hold water?
Does this sign also mean no blacks or women allowed?
It’s the ruling that is splitting the Sixth Circuit apart. A federal bankruptcy judge, George Paine II, belongs to an all-white country club in Nashville. But there is a pesky judicial code of conduct that says that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin,” according to the New York Times (gavel bang: ABA Journal).
That seems cut and dry to me. An all-white, all-male country club sounds a hell of a lot like an organization practicing “invidious discrimination.” But I’m not on the Sixth Circuit.
And the Sixth Circuit essentially told Judge Paine: guys in my high school used to belong to discriminatory clubs all the time, it was no big deal.
In a 10-8 decision, the circuit decided to allow Paine to continue his membership in the club and on the bankruptcy court.
So that code of judicial conduct means what exactly?
UVA looks tranquil -- but looks can be deceiving. (Yes, I know this is a picture of the Rotunda on Central Grounds, not the Law School. But I took it myself, when I spoke at UVA a few years ago, and wanted to use it.)
Just out of curiosity, I took a look at the academic calendar for UVA Law School. It turns out that they’re right in the middle of spring exams (which started on Monday, May 2, and finish on Friday, May 13). I can’t imagine trying to study for or take exams amidst this kindofupheaval.
And, as it turns out, the Johnathan Perkins controversy isn’t the only thing happening at the law school right now. On Friday, a 2L at UVA, Daniel Paul Watkins, was charged with stalking and assault by university police.
There is this automatic assumption in any legal environment that Asians will have a particular talent for bitter labor. There was this weird self-selection where the Asians would migrate toward the most brutal part of the labor…. White people have this instinct that is really important: to give off the impression that they’re only going to do the really important work. You’re a quarterback. It’s a kind of arrogance that Asians are trained not to have.
I wonder what Sally Hemings would say to Johnathan Perkins.
UPDATE (4 PM): The dean of UVA Law School, Paul G. Mahoney, has issued a statement about the application of the University of Virginia’s Honor System to the Johnathan Perkins incident. We have reprinted it after the jump.
White law students lie all the time and nobody makes a big deal about it, but now there’s a black law student who lies about something, and people are throwing a fit? That hardly seems right.
Look, whether or not white people want to believe it, racism is an important issue. It’s an issue that they don’t think about nearly enough. While Johnathan Perkins might have fabricated some of the details of his late-night run-in with the law (or at least university police), his goal of bringing attention to on-campus racism was laudable — and should be advanced by any means necessary.
I’m just warming up. Let me tell you what I really think about the Johnathan Perkins controversy at UVA Law School….
It’s time for more race-related drama from UVA Law School. Back in February, Elie wrote about a UVA Law party that featured Confederate flag decor. Now I will tell you about a 3L’s fabricated tale of racial harassment by university police.
(Yes, Lat’s writing this story. So you can relax, UVA folks — at least for now. Maybe Elie will take a crack at it on Monday.)
In late April, Johnathan Perkins, a third-year law student at UVA, wrote a letter to the editor that was published in Virginia Law Weekly, the law school’s student newspaper. In his letter, Perkins claimed that he was harassed by UVA university police while walking home from a party, purportedly on account of his race (he’s African-American). Perkins said he was moved to share the story “because it is important for my classmates to hear a real-life anecdote illustrating the myth of equal protection under the law.”
The trouble is, it was anything but a “real-life anecdote,” as Perkins himself recently confessed….
Talk to almost any black woman and ask her what kind of discrimination she runs up against the most: prejudice against minorities, or prejudice against women? She will probably say, “Gender discrimination, you stupid, stupid man.” I imagine you’d get a similar answer from non-black female minorities as well.
You’ll see a lot of crap if you are a minority male trying to excel professionally in this country. But a lot of it is subtle. When society craps all over women, there is no subtlety. “Show me your birth certificate.” > “Show me your [breasts].”
A new study from Corporate Counsel Women of Color (CCWC), which we mentioned in Morning Docket, confirms what would be obvious to any man married to a woman of color (indicating). What’s slightly more surprising is that things are marginally better for minority women lawyers when they are in-house as opposed to when they’re working at a private law firm.
Actually, when you think about it, of course the in-house environment provides slightly fewer obstacles to minority females….
Another day, another controversy over something hanging in a law school. Why is law school decor such a charged issue these days?
As some of may already know, I served as vice president of the Yale Federalist Society when I was in law school. My campaign was non-controversial. At the time, the VP was responsible for handling travel arrangements for visiting speakers, as well as for making restaurant reservations for post-talk dinners. In my speech, I talked about how much I enjoyed making travel arrangements, confessing that in high school my career goal was to become head concierge at a leading hotel. I won handily; it was a successful strategy.
I did not put up inflammatory posters that upset many members of the law school community and triggered a response from the dean — like the aspiring Fed Soc president at one midwestern law school.
Yes, we have pictures of the posters. Judge for yourself whether the posters, which have been removed, were racist and/or offensive….
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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