As we mentioned in Morning Docket, the lawsuits are coming for Arizona’s new immigration law. First up, the ACLU. Bloomberg reports:
The American Civil Liberties Union is leading a court challenge to Arizona’s new law targeting illegal immigration, claiming the measure would allow unconstitutional racial profiling by police.
A group of civil rights organizations led by the ACLU also alleges that the law interferes with federal power and authority over immigration matters in violation of the U.S. Constitution, according to a complaint filed today in federal court in Phoenix. The group claims in addition that the statute infringes the free-speech rights of day laborers in the state.
It’s not surprising that the ACLU is taking the first shot at this. The Department of Justice might not be far behind….
If you’re tired of reading about the Harvard Law School email controversy — judging from our traffic and comment levels, most of you aren’t, but maybe some of you are — we have some good news. Our coverage is winding down. (We do have a few loose ends to tie up, though, which may take us into the weekend or early next week.)
Before we conclude, we’d like to hear from you, our readers. We’ve heard from the commenters, of course — but many readers never comment, so the commenters aren’t representative of everyone.
Reader polls, which draw much larger participation than the comments, offer a better gauge of audience sentiment. We’d like to poll you on two questions:
(1) Was Crimson DNA’s email racist?
(2) Was Crimson DNA’s email offensive?
Please vote in our two reader polls, after the jump.
Harvard BLSA denounces racially inflammatory language – The Harvard Black Law Students Association (HBLSA) strongly condemns the racially inflammatory email that was circulated among the entire Harvard Law School community. Like many individuals who read its content, we find the message to be deplorable and offensive. We are open to thoughtful discourse on even the most controversial of views, and yet we categorically reject the archaic notion that African-Americans are genetically inferior to white people. We recognize, however, that this issue is much larger than any single email or any particular student.
Was that so hard? The foregoing paragraph is a pitch-perfect assessment of the situation and an effective response.
The BLSA letter goes on to say that HBLSA should not (and apparently does not) want to be the focus of attention here…
Elie here: just wanted to make sure you all know what’s coming.
Few things embarrass me like the Harvard Black Law Students Association. It could be the most credible foil to systemic racism against black law students. It has instead become a convenient tool to be used by those who wish to ignore the racial tensions in our system of legal education.
Don’t believe me? Earlier this week, we learned that a sole white kid called blacks genetically dumber than whites, and Harvard BLSA backed down — stepped and fetched, if you will — in the face of one solitary white person. It’s not the first time (we’ll get to the tragically impotent reaction to Kiwi Camara later). But at a point when the entire law school world would have at least considered what Harvard BLSA had to say, the organization sought to cover their own ass in the media, instead of standing up on the behalf of maligned black law students everywhere.
I cannot and do not wish to speak for all black law students and lawyers. But when confronted with abject racism, I can find the courage to speak for myself. I believe that gives me more balls than BLSA…
Martha Minow, Dean of the Harvard Law School — and, by the way, a possible Supreme Court nominee — has issued a statement regarding the allegedly racist email by a third-year Harvard Law School student that has been making the rounds. (We refer to the 3L in these pages as simply “CRIMSON DNA” or “DNA”; please do not post DNA’s real name in the comments.)
Not surprisingly for a law professor, Dean Minow avails herself of the teaching moment that the Harvard Black Law Students Association apparently passed on. She writes:
This sad and unfortunate incident prompts both reflection and reassertion of important community principles and ideals. We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility. This is a community dedicated to intellectual pursuit and social justice. The circulation of one student’s comment does not reflect the views of the school or the overwhelming majority of the members of this community.
Dean Minow condemns the substance of the email in question:
Here at Harvard Law School, we are committed to preventing degradation of any individual or group, including race-based insensitivity or hostility. The particular comment in question unfortunately resonates with old and hurtful misconceptions. As an educational institution, we are especially dedicated to exposing to the light of inquiry false views about individuals or groups.
She also highlights a point we emphasized last night, namely, that BLSA did not publicize the email or pressure DNA’s future employer (a federal judge) to rescind a job offer.
The dean’s statement refers to an apology written by DNA. We haven’t seen the apology in question (although we’re trying to obtain it). If you have a copy, please email us (subject line: “HLS Apology”).
Dean Minow’s full statement appears after the jump.
Earlier today, we wrote about an email controversy emanating from the halls of Harvard Law School. A 3L at HLS — referred to in these pages simply as “CRIMSON DNA,” and please help us keep it that way — sent out an email message that some construed as “racist.” In the email, “CRIMSON DNA,” following up on remarks made during an apparently spirited dinner conversation, wrote as follows:
I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic.
That was just the opening. Read the rest of DNA’s email over here.
We now bring you some corrections and clarifications, as well as additional discussion — in case the 100+ tweets, 800+ comments, and 1,000+ Facebook shares weren’t enough for you….
Every time you put something into an email, please remember that someone you send it to may hit Forward. If your email makes the case for a biological reason for racial disparities in intelligence, someone might hit Forward and send it to Black Law Student Associations across the nation.
That’s what happened to a Harvard 3L yesterday. We’ll call this 3L CRIMSON DNA. According to our sources, DNA made some controversial comments about race at a dinner held by the school’s Federalist Society.
CORRECTION: This dinner was not a Fed Soc dinner. [FN1]
After the dinner, DNA felt the need to send an email to a few friends clarifying those views. Here’s an excerpt:
I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic. African Americans tend to have darker skin. Irish people are more likely to have red hair.
One of the 3Ls to receive that email, available in full after the jump, was very upset by it. We’ll call this student CRIMSON OUTRAGE. OUTRAGE arranged for the email to be sent out to the Harvard Black Law Student Association list-serv, including DNA’s name and the fact that after graduation, the author will be doing a federal clerkship.
CORRECTION: It now appears that OUTRAGE disseminated the email, several months after the email was originally sent, because she got into a fight with DNA — not because she (OUTRAGE) was offended by the email.
After that, the email went viral, apparently circulating to BLSAs across the country. There are now plans to try to go after DNA’s clerkship….
Earlier this month, Lousiana State University heralded its victory in a lawsuit. Meanwhile, a professor at LSU Law Center was mighty disappointed. She was the one who sued the school.
Professor Darlene Goring teaches common law property, real estate transactions, and immigration law. The Northwestern Law grad also mentors the Black Law Students Association. Goring joined the faculty as an Associate Professor of Law on a tenure track in 2002. She got “indefinite tenure” in 2005, though did not get to drop the “Associate” from her title. She sued LSU in 2008, claiming the school had denied her full professorship and tenure “because of her race and her stance on law school policies.”
That all sounds rather staid. Except “law school policies” is a code word for a vicious fight with the president of the Black Law Students Association. Goring told the president in January 2007 that she was inappropriately dressed at a BLSA event in Miami — she allegedly told her that she looked like a “slut” and a “whore.” Maybe the Big Easy could use some fashion tips from the Windy City.
Then-3L Daphne M. LaSalle was not happy about being called out on her attire. She and Goring allegedly “hurled invectives and accusations” at one another; the “acrimonious” confrontation escalated, eventually playing out on Facebook…
Or make that a cucumber of one. Remember this allegation, from the lawsuit filed by former case manager Hanh Nguyen Allgood against the prominent Richmond law firm of Williams Mullen?
When the [office elevator] doors closed, [partner] Robert Eicher pretended to be sad and depressed. He asked Allgood for a hug. When she complied, he pressed his genital area against Allgood’s left thigh. Allgood felt something hard pressing against her thigh and attempted to pull away from him. Eicher held Allgood tighter to prevent her from pulling away, and pressed his genital area against her thigh even harder. Allgood was horrified. She pushed him away and stepped back. In response, Eicher laughed and pulled a cucumber out of his pants pocket.
We’re sorry to disappoint all you lovers of law firm gossip, but sadly, we won’t be hearing testimony in open court about the cucumber incident….
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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