Minority Issues

Can A Law School Force You To Be Racially Sensitive?

By Elie Mystal

Is it right for a law school to send its students to tolerance camp? Mandatory tolerance camp? Mandatory tolerance camp, where unexcused absences will result in an intolerant notation placed in students’ permanent records?

When I came across the story of a state law school holding a “mandatory” diversity seminar that students were required to attend, my first instinct was to side with the students who objected to the required nature of the program. Generally, I’m not a fan of forcing people to be nice to each other, and you can’t force a man to change what’s in his heart. If students want to be racist or prejudiced to others in their community, that’s something that may demand an institutional response. But if some kids don’t think they’ll benefit much from “diversity training,” whatever that means, so be it.

But when the ABA’s committee on accreditation is telling law school administrators that the student body needs to work on its racial sensitivity, well, you can see how the law school is in a bit of a bind…

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What’s Going On With Mayer Brown’s Title VII Suit?

By Staci Zaretsky

Back in 2009, we wrote about a Title VII suit that a former associate filed against Mayer Brown. To make a long story short (read our prior posts for the full background), Venus Yvette Springs, an African American woman, alleges that the firm discriminated against her because of her race, and eventually fired her in 2008 during the height of layoff season.

Springs filed her complaint against the Biglaw firm more than two and a half years ago, and in the time since, both parties have filed lengthy motions for summary judgment. Springs, who apparently had some time on her hands, also filed a lawsuit against Ally Financial, claiming that she was wrongfully terminated in retaliation for her suit against Mayer Brown.

On Friday, a federal judge ruled on the motions, and we’ve finally got an update. Will this discrimination suit be allowed to proceed?

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Non-Sequiturs: 01.17.12

By Elie Mystal

If this guy wins the Republican nomination, we can agree that the Tea Party was totally overhyped, right?

* So, just so we’re all clear, Republicans running for President are no longer on board with the Voting Rights Act. Happy Martin Luther King Day. [Election Law Blog]

* It’s not like there are no more voting issues where we might want to have federal oversight of state laws that affect the electoral power of minorities in states that have been historically opposed to such things. For instance, where do your prisoners live for the purposes of redistricting? [New York Times]

* I’ll tell you what happens in a world where college kids can “major” in law and take the bar, yet law schools still exist: law schools will continue to operate as they have been, and “law majors” will be the new “must get” credentials for paralegals. [WSJ Law Blog]

* Every time I ask this question, I feel like a horrible person. But it’s a legitimate question: what are the legal ramifications when a race car driver dies while performing a sport that is only interesting because there’s a chance somebody will die? [Legal Blitz]

* Why won’t Mitt Romney show us his taxes? We just want to be envious, Mittens! Feed our envy. [Going Concern]

* I think I should be nominated for this public interest award. Nobody has done more to prevent lawyers from being taken advantage of than me. [American Constitution Society]

* Breaking down the Joe Paterno interview. [Atlantic]

* Now these are some guys that believe in the gold standard. [MyFoxDC]

* As Copyranter said when he emailed this link about the iPoo: “C&D coming in 3, 2, 1…” [Copyranter]

An Update on Johnathan Perkins: Did He Get His Law Degree?

By David Lat

Johnathan Perkins

When it comes to the protagonists of 2011′s biggest legal stories, our readers want to know: Where are they now? Last week, for example, we brought you an update on Casey Anthony, which generated keen interest (and traffic).

The recent alleged misadventures of certain UVA Law School students — students accused of breaking and entering, students accused of bothering bikers (to be fair, some bikers are obnoxious and deserve what they get) — have caused commentators to wonder: Whatever happened to Johnathan Perkins?

Johnathan Perkins was the then-3L at UVA Law who confessed to fabricating a tale of racial harassment by university police. As a result of his dishonesty, did he have to go before UVA’s famously strict Honor Committee? Did he end up getting his law degree? There was some ambiguity over whether he would graduate.

We have an update, based on a statement from the dean of the law school….

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Grammer Pole of the Weak: The Meaning of ‘Diversity’

By David Lat

In Grammer Pole of the Weak, we typically tackle issues of English grammar and usage, as well as questions of style (in terms of legal writing, not fashion). Last week, we delved into the fun topic of em-dash spacing, and learned that our readers are essentially deadlocked on whether to use a space before and after an em dash. In the end, using spaces prevailed by a margin as narrow as Mitt Romney’s Iowa caucus victory.

Our latest grammar poll pertains to usage, but it has a political component to it as well. It touches on hot-button issues like affirmative action and racial preferences, about which our readers have passionate opinions.

The question, in a nutshell: What does it mean to be a “diverse” individual?

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George Will’s Disingenuous Idea on How SCOTUS Can Help Black People

By Elie Mystal

Does George Will look like the protector of Black America to you?

People who think giving charity to those less fortunate also gives them the right to direct the personal choices of those receiving the charity are some of the worst people on the planet. The biggest offenders are religious organizations: “Ooh, here’s some food. Yes. You like food, don’t you? I bet you’re hungry — I can tell ’cause I can see your ribs. Well, it’s all you can eat in here… first, just say you accept Jesus Christ as your lord and savior. SAY IT. Wonderful. Bon appétit!”

Organizations do it all the time, but there are plenty of individuals who also think giving a guy a buck gives them the right to tell the recipient how to spend the money. This behavior is the worst because it takes what should be a generous gesture (giving somebody money) and turns it into a cheap way to make a BS point about your moral superiority (“If this man did just one thing more like me, he wouldn’t have to beg for my scraps.”).

If you want to help, help. But don’t use “helping” as an excuse to further some ridiculous personal agenda. You’ll just look like an idiot. You’ll just look like George Will prancing around the pages of the Washington Post trying to act like he is against affirmative action because he suddenly wants the Supreme Court to step up to the plate and “help” black people….

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Size Matters: Diversity in Small Firms

By Valerie Katz

There are a lot of unhappy lawyers. We all know that. Part of their discontent is due to the fact that many young people go to law school who may not want to be lawyers, or do not take the time during law school to figure out what type of practice best fits their personality and goals. It was for this reason that I was so excited to learn about Steven Harper’s class for pre-law students. Getting to potential law students before they take on an obscene amount of debt is one way to prevent accidental lawyers.

But what about those individuals who actually want to be lawyers, but due to certain biases are not able to pursue their dreams? The answer is the same: get to them in college….

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Benchslap of the Day: A Case of Having Too Much Flair

By Staci Zaretsky

Remember Venus Springs? She’s the former Mayer Brown associate who alleged discrimination and filed a Title VII complaint against the firm after being fired in September 2008. Well, she’s back, and she’s brought a whole new lawsuit to the table.

So, who is Springs suing this time, and what are her allegations? We’ll give you that information, plus the details of the benchslap associated with her latest case, after the jump….

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Morning Docket: 11.28.11

By Staci Zaretsky

Kim Kardashian

* With AT&T’s T-Mobile deal falling apart, in-house lawyer Wayne Watts could be heard singing, “it’s my merger and I’ll cry if I want to,” before more whining to the FCC. [DealBook / New York Times]

* Build us a border fence, and then get the f**k over it. Arizona lawmakers are soliciting the public for donations to keep out the people who would work at low cost to build it. [New York Daily News]

* Ever wonder what’s preventing greater diversity in the law? Apparently the problem is pre-law counselors with advising skills that are crappier than minority LSAT scores. [National Law Journal]

* ‘Til death (and billable hours) do us part: British firms are paying for employees’ divorces. Biglawyers await the day this gets picked up America. [Press Association]

* The star of this year’s Black and Blue Friday was the not-so-wise Latina who decided it was a good idea to pepper-spray her Xbox competition. Best deal ever? No charges brought. [CNN]

* It looks like Kim Kardashian got her Christmas wish early this year. Her soon-to-be ex-husband will not be suing her for $10M over his portrayal on her new reality show. [Seattle Post-Intelligencer]

Staff Attorney Claims Discrimination at Quinn Emanuel

By Elie Mystal

I’m starting to think that staff attorneys are being discriminated against because they are staff attorneys.

Today Thomson Reuters reports that a racial discrimination lawsuit has been filed against Quinn Emanuel by a former staff attorney. The plaintiff, who is African-American, claims that she was given less desirable work than her white colleagues and that she was forced to work with a person she “feared,” as retaliation for complaining about her treatment at the firm.

I’m not sure if racism really fits into Quinn’s work hard/play hard firm culture. I feel like the only color Quinn cares about is green, as in, “You’ve billed a ton of hours today despite being all kinds of hungover, I think you’re turning green”….

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Congratulations to the Minority 40 Under 40

By David Lat

Congratulations to the “Minority 40 Under 40.” This is a distinguished group of 40 minority lawyers, all under the age of 40, who have just been honored by the National Law Journal for their accomplishments within the legal profession.

Let’s learn more about them. Maybe you have friends or colleagues on the list?

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Start Socioeconomic Affirmative Action Now

By Elie Mystal

Poor little white boy.

According to a new study by UCLA law professor Richard Sander, discussed in an article in the Denver University Law Review, “the vast majority of American law students come from relatively elite backgrounds; this is especially true at the most prestigious law schools, where only five percent of all students come from families whose SES [socioeconomic status] is in the bottom half of the national distribution.”

In other breaking news, studies show that the vast majority of people who get into water emerge wet.

It’s beyond obvious that American law schools favor the elite. Talent will take you far, but having a financially sound family will take you farther. Professor Sander — whose prior research on law school prestige generated lots of buzz last year — argues that schools should use socioeconomic factors as a partial substitute for racial preferences.

Well, that’s a false choice if I ever heard one. Why can’t we have both socioeconomic and race-based affirmative action? Look, you can accuse me of playing the “race card” if you want to, but I’m just trying to figure out a way to help white people get into law school….

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Biglaw Discrimination Lawsuit Potpourri: Proskauer Rose and Ropes & Gray

By David Lat

What do Proskauer Rose and Ropes & Gray have in common (besides the seven shared letters in their firm names)?

  • They are both leading law firms.
  • They both have major presences, their two biggest offices, in New York and Boston.

  • They both have blue and gray in their logos.
  • And they are both involved in litigation with former employees claiming employment discrimination.

Let’s take a look at the latest news — a fresh lawsuit filed against Proskauer, and updates in a lawsuit against Ropes that we’ve previously covered….

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Brand New Racist Blog From Harvard Law Student

By Elie Mystal

Most people around here will remember the story of Stephanie Grace (a.k.a. Crimson DNA). She wrote a racist — albeit private — email to a frenemy that eventually got out and went viral.

The general public tends to be surprised when allegedly intelligent Harvard students spew racist tripe, and I think that’s why the Grace story became mainstream news. The story wasn’t a “teachable moment” or a deep look at the racism that even the very best education can’t seem to stamp out. It was just a story about another white person who had a low opinion of black people. That happens all the time, especially at Harvard Law. HLS has a long and storied history of admitting people who end up insulting the entire black community at the school.

The lesson, if anything, from the Stephanie Grace saga, is that things worked out for her. She got a clerkship with Alex Kozinski and she seems to be doing well. Things always work out for these kind of high profile, well-educated people who happen to harbor racist thoughts. Things worked out for Kiwi Camara, another Harvard Law student who managed to be shockingly and publicly racist while he was at school.

Because if you go to Harvard Law School, there is really no kind of ignorant, racist statement you can make that somebody in power in the legal community won’t defend. A white Harvard Law student could shoot Medgar Evers and there would be some professor or judge eager to defend the kid and give him or her a second chance.

Don’t believe me? Get back to me in three years when we see what happens to the self-styled “Harvard Law Caveman” who apparently woke up two weeks ago and decided it’d be a fabulous idea to start a racist blog….

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Her Stories: The Evolving Role of Women in Business and Law

By David Lat

At the Creating Pathways to Diversity Conference, sponsored by the Minority Corporate Counsel Association (MCCA), there was a great lunchtime discussion called “Her Stories: The Evolving Role of Women in Business and Law.” It featured a panel of heavy hitters: two women currently serving as general counsel to Fortune 500 companies, and a third who previously served as GC to no fewer than four Fortune 500 companies over her career.

What does their rise say about the changing role of women in the corporate legal world? How did they get to their lofty perches? And what advice would they offer to lawyers aspiring to such successful careers?

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Being Out In-House: The LGBT Lawyer Experience in Corporate America

By David Lat

Yesterday I participated in a panel at the Creating Pathways to Diversity Conference, sponsored by the Minority Corporate Counsel Association (MCCA), entitled “Attitudes & Opinions: Generation Y Speaks about their Workplace in 10 Years.” The spirited discussion covered a wide range of topics relating to Gen Y’s workplace attitudes.

I also attended a number of other interesting events. In the afternoon, I checked out “Special Considerations: The In-House Lesbian, Gay, Bisexual & Transgender Lawyer Experience.”

If you’re interested in LGBT issues or in-house diversity issues, keep reading to find out what the panelists had to say….

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Former ‘Hate Group’ Leader Chosen To Represent University of Toledo Students On Constitutional Panel

By Elie Mystal

Kyle Bristow

Last year, we wrote about Kyle Bristow, a student at the University of Toledo College of Law. Bristow had been the chairman of the Young Americans for Freedom student chapter at Michigan State University when he was in college. The MSU-YAF was designated a “hate group” by the Southern Poverty Law Center.

Hey, we’re living in a world where convicted murders get to go to law school. We can’t be surprised when the chairman of a so-called “hate group” gets in too.

But admitting a student with Bristow’s… colorful past, and holding him out as a representative of the law school, are two very different things. Toledo now seems strangely comfortable promoting Bristow and his views.

It’s an interesting choice. One that Toledo is certainly free to make. One that students who want to go to law school in an environment welcoming to minorities might want to notice….

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UVA Law Student Cleared of Assault and Stalking Charges

By David Lat

Daniel Watkins: cleared of all charges.

Back in May, around the time of the Johnathan Perkins craziness at UVA Law School, we wrote about stalking and assault charges leveled against another UVA law student (and friend of Perkins), Daniel Paul Watkins. An ex-girlfriend and female classmate claimed that Daniel Watkins assaulted and threatened her.

At the time, we quoted a friend of Watkins who counseled caution in reacting to the charges. This source stated that “there is another side to the story, which has yet to surface,” and that observers should “keep an open mind” and “not pass judgment too quickly.”

As it turns out, these words were prescient. A judge just dismissed all of the charges against Daniel P. Watkins….

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Quote of the Day: What About Affirmative Action?

By Staci Zaretsky

LeRoy Pernell

When the statistics tell you that virtually every black college will be in noncompliance, it’s a matter of grave concern.

— LeRoy Pernell, dean of Florida A&M University College of Law, commenting on the possibility of a more stringent ABA bar passage requirement for law schools.

(At present, to remain in good standing with the ABA, at least 75 percent of a law school’s graduates taking the bar in the school’s state must pass for at least three of the past five years. The new ABA proposal calls for an 80 percent bar passage rate or a rate no more than 10 percentage points lower than other law schools in the state.)

Lawsuit of the Day: Wigger Day Is So Not Cool

By Elie Mystal

Eminem is the Jackie Robinson of rap, not some white guy trying to 'steal' black culture.

During my youth, most of the black people I knew called me an “Oreo.” Not because I liked the cookies. Apparently, I was black on the outside (obviously), but “white on the inside.” It took me a while to figure out why, since politically I don’t think I’ve ever shared a majoritarian view of things. But it turns out that simply by “speaking well,” getting good grades, and insisting on keeping my pants high enough to fully cover my ass, I was “acting white” to certain black kids. The fact that I dance for s**t, can’t hit a jump shot to save my life, and have two parents who spent more time in college than prison surely didn’t help my “street cred.”

Of course, age has taught me that I grew up around a lot of low-expectation-having black kids. Black people with self respect wouldn’t consider childhood-Elie an Oreo. A big freaking dork who should never be invited to a party, perhaps, but not an Oreo.

Now, most black people have had similar upbringings to my own (though, sadly, I’m still the most rhythmically challenged black person I know). Nowadays, my black friends say things like, “Elie, you are the only black person I know who could write a post about the Wire and see yourself as the only white guy on the show.” See, that’s not racist. That’s just funny. That black friend (oh, F-U [Redacted], by the way) wasn’t suggesting that I was an Oreo because of how I acted; he was suggesting it because of who I identified with. That’s fair game.

I bring all of this up because that crucial distinction was totally lost on a Minnesota high school. The school allowed “Wigger Day” to happen on campus, and now it is getting sued.

Yeah, apparently turning a blind eye while your students make fun of an entire culture is something that can get you sued….

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