Racism

This should be a feel good story. Kymberly Wimberly, a young, teenage mother, overcomes adversity (and a horrendously spelled name) to become valedictorian of her high school near Little Rock, Arkansas. She is congratulated and set out as an example to other students, before continuing on her successful journey.

And if Kymberly Wimberly were white, maybe that would be the story coming to a Lifetime special near you. But Wimberly is black, and this is the internet. According to a lawsuit filed by Wimberly’s mother, Molly Bratton, the principal of McGehee Secondary School wanted to avoid the “big mess” that would have ensued if Wimberly had been named sole valedictorian, to be applauded at graduation by McGehee’s majority-white parents. Bratton claims that this is just the latest in a pattern of discrimination against black students at the majority-white school.

Thanks to the internet, I think Principal Darrell Thompson is about to learn a whole new definition for “big mess”….

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Back in November 2010, we reported on the lawsuit of Nelson v. Jones Day. Plaintiff Jaki Nelson, an African-American woman who worked as a legal secretary in the Los Angeles office of Jones Day, sued the firm, alleging race-based discrimination, harassment, retaliation, and infliction of emotional distress. In her lawsuit, Nelson made some rather lurid allegations.

Allegations that, it appears, were lacking in merit. The case has been dismissed.

Let’s learn more — and see what the firm has to say about the dismissal….

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A traditional American... Halloween costume mocking the native inhabitants of this land.

Growing up, we had something called the “coffee filter” in my house. It was my mom’s cutesy way of telling us that we always needed to think before speaking, but it worked (most of the time).

The world would probably be a much better place if everyone bothered to use their coffee filters, but the sad fact is that most people don’t even have one. That’s probably the reason why there are so many racial epithets and ethnic slurs floating around that I’m still learning about new ones.

And it’s probably also the reason why judges are just blurting them out in court….

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An old white male and his younger diverse peeps.

Law firm diversity matters. It matters to corporate clients, many of them public companies that want to demonstrate their commitment to diversity through their selection of vendors and service providers — which is what law firms are, at the end of the day. It matters to the law students and lawyers that firms are trying to recruit — which is the premise behind the data collection conducted by Building A Better Legal Profession.

So there should be keen interest in the latest edition of the American Lawyer’s Diversity Scorecard 2011, which the magazine just released. As Am Law explains, the Scorecard constitutes its annual ranking of large law firms by their percentage of minority attorneys and minority partners.

Let’s take a look at the top firms for diversity. Did your firm make the list?

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The Constitutional Daily tweeted a very interesting question at me this morning:

Bill removing racist language from AL constitution opposed by black lawmakers – http://bit.ly/iqmDsu@ElieNYC please explain

All right, I’ll put on my “ask a black dude” hat. And I can explain this.

But it’s complicated. And it requires understanding the subtleties of the positions of all parties involved. And it’s hard to really carve out a strident and principled position either way.

So, you know, this is a great conversation to have on the internet….

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Cellphone beat-downs are back in the news. Last week, New York Times tech writer David Pogue allegedly attacked his wife with an iPhone (if it wasn’t an iPhone 4, his career is over). And now the Grande Dame of Smartphone Assaults, supermodel Naomi Campbell, is threatening to throw her bloodthirsty Blackberry at Cadbury, the chocolate manufacturer, over using her name without permission in an ad she finds racist.

The docile model, who has lived peaceably since beating police officers in 2008, has a big problem with this:

Naomi contends that ad offensively likens her to chocolate: “It’s upsetting to be described as chocolate, not just for me, but for all black women and black people. I do not find any humour in this. It is insulting and hurtful.” Cadbury maintains that the ad was meant to be “a light-hearted take on the social pretensions of Cadbury Dairy Milk Bliss,” but has since pulled it.

Meanwhile, Campbell continues to pursue “every option available” to her, including a possible lawsuit — and maybe a fist fight…

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Johnathan Perkins

Today is Commencement at UVA Law School. Congratulations to all of the UVA students who will soon become UVA alumni. You’ve worked hard for your law degrees, and you deserve commendation.

(Hopefully you have jobs lined up. Or at least other talents that can help you make a living — and pay back your student loans.)

Is Johnathan Perkins, the 3L who famously (or infamously) admitted making up a story about how he was racially profiled and harassed by university police, going to receive a J.D. degree from UVA Law — today, or in the future?

Let’s discuss. We have some evidence….

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The good folks over at Building A Better Legal Profession — a national grassroots movement that we’ve written about before, which seeks market-based workplace reforms in large private law firms — have updated their online directory and rankings of law firms with new information for 2011. The updated rankings shed light on which top law firms are excelling in such areas as diversity and pro bono work, and which ones still have some work to do.

Let’s look at some highlights from the new data, on such subjects as diversity, partnership, and associate attrition….

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I would still trust Judge Wapner.

It feels like I receive at least one email a week from a pissed-off white male. I feel like everywhere I look there is some white person whining, complaining, playing the “victim” card, and moaning about how difficult things are for a white person nowadays. I’m telling you, if white males have to live under a non-white male president for another four years, Ted Nugent is going to start writing spirituals.

Sometimes I respond to these “white plight” emails. Sometimes I get into passionate debates with people. Never do I sit back and say, “Man, white men really are getting screwed on this issue. White power!” I mean, at the end of the day the playing field still ridiculously favors white males. Sometimes white men can’t see it, just like sometimes you can’t tell that the Earth is curved when you’re standing on the ground. But if you look up — and do some math — it’s pretty obvious we live on a sphere, and it’s pretty obvious we live in a society that favors white males.

But I am… open-minded. And my mind was blown wide open when I read a blog post on Just Enrichment about the paucity of white male judges as fictional characters. Without having the resources to do a full-scale survey of every movie or television character in the past twenty years, this guy makes a compelling point that white males are disfavored when it comes to portraying impartial justice.

And I think this guy — Adam Chandler, a 3L at Yale Law School — is absolutely right….

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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.)

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