Posts Tagged ‘minorities’

Opinion: Contract Work & ‘Minorities’

The following simply needs to be said and the reader can take this with a grain of salt:

Most contract attorneys’ general self esteem is so low due to a feeling of powerless or incompetence that they focus on attackng (false accusations, name calling, other manners of one sided anatgonism) one another (who are usually complete strangers) for one more day or even a few hours more of hours of work to increase their unpredictable paychecks. This phenomenon is most pervasive among Black attorneys who know that they have been already been shut out of the mainstream workforce and solidifies mainstream America’s perception that most possess the inability to be professional, complete assignments that they are PAID to do, to speak in a normal tone in which they do not sound like childish bullies, nor do most embrace diversity.  It appears to be simple but these are insurmountable tasks for ghetto blacks who attain a JD and nothing else. No prepared goals or self development or expansion of their views including the world around them, resulting in tunnel vision and narrowminded mindset.  As a result the ‘gangsta’ and ‘b****y’ troublemaking attitudes exacerbates the problems that minorities have in this shrinking field. Of course not all Blacks in law or even legal contract work are like this. But most who are one will notice are contract attorneys, others who aren’t are unfortunately and oft-times swept up into the stereotype bin sourrounded by those with the ‘crabs in a barrel’ mentality. This is easily perceptible among Black women.  

With the given financial problems that law schools, law firms and law students and attorneys are facing, these inappropriate, narcicssitic and childish behaviors only make it easier to shut minorities who do not possess these characteristics out of the workforce regardless of ambition, talent or intelligence.

I do not dare assert that doing contract work will lead to a job–most attorneys who are not new law school graduates know this is false. The problem is that attorneys with deranged mentalities find joy in creating a hostile, disruptive work environment in an already degrading set of circumstances and I see it primarily among women. (Black, White and Asian) Perhaps this is why most people assume all contract attorneys are bipolar, schizophrenic or possess some other type of mental defect.

In other words, these types of people in the field make it harder for people of color who are generally normal and desire success and do not have plans to be in those types of environments for the long haul.

The only type of people who enjoy mischief and harming innocent strangers can simply be described as demonic. Another reason why no one cares what happens to attorneys.

College: Is is Worth It? A Recap of Katie Couric Show

A week or so ago, Katie Couric had a show entitled: “College Is it Worth It.” She had a panel discussion with 3 people: The young actress from Fresh Prince of Bel Air, a Columbia professor (black) and one white guy who said college wasn’t worth it.katie

I found this episode interesting on many fronts because–I usually do not watch her show and the people likely to promote education were Black. I find it sad that Blacks remain deluded into thinking that college provides upward mobility in this post 9/11, current global, automated grind we call a world economy. I sympathized with Tatyana? Ali’s view as she graduate from Harvard and people would take her seriously. Worthy that her’s was an exception after having relative success at a young age in the theatrical arts she could actually afford and would know about an IVY league school.

It has always been the history of corporate America that a white male can work his way up the corporate ladder by starting in the mailroom and making connections. If you are a person of color, you are expected to not only be in the mailroom but to stay there. So I was not surprised to hear his viewpoint. The guy actually was a recipient of some fellowship that will pay high school graduates $100,000 to NOT GO to college/university in order to promote innovation. Now that’s an opportunity most of us wish existed when we were making our decisions whether to attend university.

Later, she had Tina Fey and Paul Rudd promoting their movie in which the former plays an admissions counselor in college. Katie Couric asked Tina Fey what advice she would give those considering college. Her response, geez I don’t know, I graduated from UVA, where the price was more reasonable. I was able to live off of $600 a month and take improv class. She said the college experience helps develop you as a young person. Then she looked so befuddled at the current state of affairs and just said I don’t know I guess you guys have to pay back the student loans.

Lastly, the show asked recent undergraduate students to tweet their college debts. Mind you these people haven’t even began to matriculate in graduate or professional level university. I saw three tweets at a glance–they were all female and each one had over $100,000 in student loan debt. Mind you women in America still make only 70% of what their equally qualified and/or educated counterpart makes. This also does not include women of color who, I read months ago in Trans-global report about economic and job progress stated that Black women who earn higher education degrees (university and/or graduate level) still have a harder time gaining employment than black male counterparts. Presumably the latter can find work in construction or labor jobs which do not require college degrees.

College, is it worth it? With all of this information regarding worthless degrees, shrinking economy, interdependent global economy forcing nations to bail out other nations because of a pact while ignoring the tens of thousands of unemployed and underemployed people in their own borders, I think the answer is quite obvious.

Breaking News (02/03/2012): Law grads go to Court for Bankruptcy Protection

See MSNBC article posted today: Law Grads Go to Court for Bankruptcy Protection. You can tell she was a recent graduate most people

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know that Sallie Mae lobbied Congress in the 1990s to stop allowing student loans from being discharged in bankruptcy. They have the whole legal industry–in their hands…♫ Because Sallie Mae would suffer undue hardship if student loans were discharged. It’s a tax write-off, they won’t lose anything. An indebted, unemployed, graduate, well you being unable to feed yourself, just does not fit within the purview of being important to the federal courts or financial institution. Good day…

My favorite line: “If you did not go to a top 40 law school and finished in the top 25 percent of your class, you’re not going to get one of those jobs,” said Jordan Abshire, principal of attorney recruiting agency Lateral Link. Abshire said that since 2008, he has seen more attorneys with a few years of experience filing for bankruptcy, often carrying a new home mortgage on top of their student loans.

Despite what CNN says the economy is not getting better, especially for law graduates. Another warning to the would be 0L, basically for you to earn enough money to live decently AND be able to pay back your student loans you have to go to a top school. I’m not sure why they said top 40, it’s really Top 10 and even those people are doing contract work. Further buried in the article:

The debt load on students is made worse by the shrinking legal job market. Since January 1, 2008, major law firms have laid off about 5,900 attorneys, according to the Lay-Off tracker at lawshucks.com, a blog that tracks law firm hiring. That is about 5 percent of all attorneys at the 250 largest law firms, according to the National Jaw Journal. (The U.S. Department of Labor does not collect job data on attorneys specifically.)

The truth shall set you free, if you are an 0L it will prevent you from economic slavery.

For Those Considering Law School

Don't Drink the Kool-Aid

It has been a while since I posted, I’ve been busy trying to survive amidst the steadily decreasing opportunities for lawyers and the mocking economy. Nevertheless, there are still some who are sounding the “don’t go to law school” horn, including those who have much to gain by increased student enrollment.

A couple of years ago, a self-described ‘unconventional’ IVY League Journal-Harvard Unbound published a comment written by an assistant professor of a law school entitled: For Those Considering Law School (2010)

The author reiterates starry-eyed 0Ls who desire to make a difference and explains alot of jobs that would help people in the legal industry does not require a law degree and you’ll make about what a secretary makes $35,000-$45,000. The only difference, you’ll be saddled with immeasurable debt and a lifelong grudgery of how to pay it off. My note, how does one maintain the desire to help others when one is unable to feed or shelter oneself.

For people of color, it is noted even in media that when the economy isn’t “bad,” how it is usually worse for minorities. So, when whites with the same degree you have and sometimes IVY League are unable to find a job, what chance do you have to find meaningful employment, where your talents and mind are respected in mainstream companies. Before the recession, minorities discussed how they are sometimes discriminated against. Just imagine now, with debt hovering over you and certain institutionalized systems in place that will also discriminate against you in housing….

Anyway, my favorite point in the dean’s comment: “There is no point in investing three years of your life into a school experience and then having a job you hate, so consider this strongly before going.”

CONCLUSION: Don’t think twice before going to law school. Just don’t go.

Minorities Decrease Enrollment in Law Schools: They Figured Out the Game

In January Life’s Mockery posted: Law School Admissions Lag Among Minorities January 6, 2010 « Life’s Mockery .

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Though minorities increased obtaining a Bachelor’s degree and their LSATs score, decided to opt out of the law school, bury your financial future game. Well, it’s being reported again: 

Black Presence in Law Schools Dwindling
by Kenneth Mallory
We know how sincerely you’re concerned about minorities becoming a part of this noble profession. Or do you really see them as fresh hunting ground to lure them into the financial debt game via Sallie Mae; just like the mortgage industry did with home loans. How about improving the statistics of CURRENT unemployed minorities instead of trying to rope more into the dizzying maze of professional no-where-land.
“Miles to Go” finds that African-American representation in law is less than other professions, like teaching and medicine. Wow, this makes me feel better. Medicine is more lucrative, characterized by hard science and you practically help (well ideally) others improve their health. I’ve heard for years that education field need more teachers (primary), and even a call for reform regarding teachers’ salary.

WASHINGTON (NNPA) – A report by the American Bar Association has found that the proportion of minorities, including Blacks and Hispanics, enrolling in law schools has decreased in the past two years. One way to keep your risk of living in this country at a decent level.

”Minority representation among law students has dropped for the past two years, from 20.6 percent in 2001-2002 to 20.3 percent in 2003-2004,” said the findings in the third edition of “Miles to Go: Progress of Minorities in the Legal Profession,” published by the ABA’s Commission on Racial and Ethnic Diversity in the Legal Profession.

In addition, the report contends minorities are less apt than Whites to head to private law firms after leaving law school, more likely to resign from firms after three years there and ”continue to be grossly underrepresented in top level jobs, such as law partner and corporate general counsel.” Interesting, but where are the statistics on unemployed minority attorneys, you know the majority?

The report’s author, New York Law School Professor Elizabeth Chambliss, deemed the finding of reduced enrollment ”extremely troubling,” and, in an interview, discussed the under-representation of minorities in the profession. Yes, you believe that the legal industry has not tapped into a potential lucrative resource that will increase your yearly salary and boost your probability of obtaining tenure. It’s not troubling for minorities who have figured out your game and know that they will be treated like second class citizens throughout law school and after with ‘professors’ having such racist proclamations as “You went to law school?” They’re saving themselves from additional psychological damage from overt racism that professors and others guise as a form of wit with such back handed compliments. Minorities aren’t stupid enough to believe you have a genuine ‘concern’ that they’re not attending law school

”The legal profession already is one of the least racially integrated professions in the United States when all four minority groups [African-American, Hispanic, Asian American, Native American] are aggregated,” she said. ”African-Americans, too, are represented at lower levels than in many comparable professions. In 2000, African-Americans made up only 3.9 percent of all lawyers, compared to 4.4 percent of physicians, 5.6 percent of college and university professors, 7.8 percent of computer scientists and 7.9 percent of accountants and auditors.”

Chambliss discussed the implications of such findings.

”The low level of Black representation in the profession may discourage promising Black students from considering law and limit Black lawyers’ chances to find mentors and role models within the law. And, to the extent that Black lawyers are more likely than others to be concerned with racial justice, discrimination, community development, and the like, the dearth of Black lawyers contributes to an already unequal access to lawyers in the United States.” Yes, discourage them, save them from a lifetime of Sallie Mae harassments, unemployment, the grits, the taunting, the presumptive “you’re here because of affirmative action.” How many decades have passed before you realized the false hope of upward mobility via law school. [See Life’s Mockery’s post for comments on legacy admissions, minorities, and chances for upward mobility: [University of Michigan Law Journal: Preserving a Racial Hierarchy: « Life’s Mockery]

The dean of admissions at a prominent area law school acknowledged a decline in the number of minorities enrolling in its program, while another said the number of Black applicants was declining. This is encouraging and tragic at the same time.

At the George Washington University Law School, Robert Stanek, associate dean for admissions and financial aid, said enrollment declined at the highly competitive school, which, according to the ABA, received more than 11,000 applications in 2004.

”Two, three and four years ago, we admitted a certain number of minority candidates, and usually the numbers that enrolled constituted about a third of the class,” said Stanek. ”Last year, our same number of offers of admission resulted in a much lower percentage registered. We didn’t see an application decline. We saw a decline in the numbers accepting our offer of admission.”

Stanek said school officials are still trying to ”digest exactly what [has] happened,” and, subsequently, have not initiated any new recruitment efforts for minority students. Minorities became weary of seeing their parent, sibling or spouse attend law school, saddle with debt, with little to no job prospect in the legal industry and the social environment of racism that permeates most law firms. I hope that clarifies it for you. Simply put, one gets tired of running into a brick wall, all the while expected to keep a smile on their face though the soul silently protests.

But Reginald McGahee, dean of admissions at Howard University Law School, perhaps the premiere African-American law school in the country, said the number of applicants applying to Howard Law and many other higher education institutions across the country has declined, especially among Black males.
Though most HBCUs (Historically Black Colleges & Universities) are supported by minority attendance and this is a little daunting; but at the same time understandable. Though the social and educational experience is likely different than at other law schools, many have learned that a long-term strategy regarding standard of living and career is more of a priority.

”There is a universal drop in African-American males that are applying to law schools, and more specifically, higher education in general. And we’re seeing that same decline,” he said.

Law officials discussed obstacles that might preclude Blacks from pursuing careers in law, such as a growing disinterest in the profession and the LSAT (Law School Admissions Test), which many feel is biased against Black law school applicants. Why must you assume that it is the LSAT that is discouraging minorities and not the legal industry itself, especially in light of a previous article stating that minorities actually have increased their LSAT scores over the past few years [Law School Admissions Lag Among Minorities January 6, 2010 « Life’s Mockery] it is this presumptive racism that Blacks don’t want to deal with.

Lawrence Baca, chair of the ABA Commission on Racial and Ethnic Diversity in the Profession, said law schools can increase the number of minorities by having Black law school graduates reach out to Black students. If any Blacks do, I hope it is to be honest and warn them of the true reality of the legal industry in the United States.

”Any law school that wants to increase minority participation, or, particularly, Black participation, is going to have to get out and do some outreach work,” Baca said. ”The first thing that I would do if I was a law school is I would find my graduates of color, whatever racial or ethnic group it is, and ask them for their assistance in helping me identify folks and convincing folks to apply.” Outreach to Blacks? Why would they lower themselves to interacting with Black people, oh but then again the legal industry is a business so to repeat in Black Like Me: “We’ll do business with you…” Please spare us the ‘real concern’ facade and I hope 0Ls don’t fall for the attorney encouraging them to attend law school. This false prestige is disgusting, that’s why so many attorneys are so phony in their interactions because they’re deluded and continue to try to convince themselves and others about the industry. So the legal industry suggests using minority lawyers as the agent by which to their bidding and lead unwitting 0L sheep through to law school slaughter.

Baca said he believed a major reason Black students are not considering careers in law is because they lack role models in the profession and do not hear about positive things lawyers have done with their careers.  [emphasis mine]. Exactly, which is why for the most part they should not go.

He also said lawyers have not been pictured in a positive light in the media, possibly deterring students from considering law careers.

”The legal trade for one reason or another has not had the best reputation in the press, and to the extent that it may be causing students to not apply to law school, the way to get past that is for our folks to go into the law schools and say, ‘I don’t care about what you wrote about in the paper. Here’s what I did last week with my career,”’ said Baca. Yes, honesty in what has happened to their legal career, that would be great, please note that it won’t get the result you want, but will simply deter more potential students (hopefully) from enrolling.

But a major concern voiced by many future Black lawyers, as well as those advocating increased diversity in the profession, is the hurdle the LSAT poses to Black students.

”One of the main barriers to increasing diversity among law students is law schools’ heavy reliance on the LSAT. African Americans and other minority groups score lower, on average, than Whites, on the LSAT, yet law schools’ reliance on this measure of aptitude has increased markedly over time,”

Chambliss said in a statement. ”One point differences on the LSAT can make the difference between admission and rejection by law schools, even though such differences are not statistically significant, and even though the LSAT does not predict success as a lawyer, however measured.”

Stanek agreed that the LSAT is quickly becoming the most important factor in law school admissions.

”Is it overriding all other factors? I don’t think so — yet,” he said. McGahee said some currently believe the LSAT is biased.

”The main thing that we have to realize [is] that there’s a lot of debate out there right now that there are some inherent biases that go along with the LSAT. Being at Howard, we’re more sensitive to that than some other institutions in the countries may be. But what we can’t get away from [is] that, right now, there is no other test to properly evaluate and predict whether a student will or won’t do well in law school,” he said.

McGahee said Black students should take time to ensure they are prepared for the LSAT. But according to Chambliss, law schools shouldn’t rely as much on the standardized test.

”Law schools concerned with increasing the diversity of their student bodies need to focus less on the LSAT and more on other measures of achievement, including undergraduate grades and work history,” she said.

Although the LSAT is important, I sincerely hope that the media and the legal industry stop characterizing it as some unbeknown reason why this is likely an issue for minorities. One is having access to prepatory materials, which I would say 6-10 years ago was more difficult than now. Information technology has decreased the barrier of access and some may not understand how important the LSAT is in paving the path to their legal career. It’s more of an issue of preparation and not lack of ability or intelligence.

But Kim Keenan, president of the National Bar Association, a group representing thousands of Black lawyers, discussed the possible ramifications the underrepresentation of African Americans in law will have for the Black community in the future.I agree and discussed this here [Law School Admissions Lag Among Minorities January 6, 2010 « Life’s Mockery]

”Ultimately, at some point, you will not be able to find lawyers of color,” said Keenan. I hope you do not think this is by happenstance.

A Somewhat Honest Letter from New Jersey Bar Association President: Law Profession and Minorities

Letter From The President Of The New Jersey State Bar Association; Published: July 05, 2010

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To The Readers Of The Metropolitan Corporate Counsel:

As members of the bar we represent a noble profession. Template characterization of the law field.

As we strive on behalf of our clients, we are also mindful of our obligation to improve the system of justice. This should extend to the members of the legal profession, those ‘officers of the court’ who have taken an exhorbitant amount of student loans with no system of justice looking out for their best interests as a whole.

The New Jersey State Bar Association is committed to addressing the issues that are critical to the profession and society.

Issues like the economy’s continued effects on our job market; the need to promote diversity in the legal community; the delivery of legal services, and our obligation to protect judicial independence. TTT/TTTT have no problem promoting diversity by being the primary institutions of U.S. legal education that will enroll minority students. Thus, those who had the ability to achieve and outperform are relegated to schools that have set them up for a future of disdainful looks and assumptions that the only reason they even attended law school, no matter how poor the ranking, was due to affirmative action.

Early this summer, I helped welcome over 100 new attorneys to the profession at a swearing-in event in Trenton. Each of them signed up for law school believing they would join a noble profession – a profession that would allow them to make a difference in society while earning a good living for their families. Unfortunately, the job market that greets them remains grim. [emphasis mine] Yet, the were struck by the harsh reality of the economy, closed doors, inadequate training and lack of opportunity. All the while working within the confines of this ‘noble’ profession: March 15, 2010

The Undertraining of Lawyers and Its Effects On The Advancement of Women and Minorities in the Legal Profession « Life’s Mockery

The state’s largest lawyers group is committed to assisting lawyers navigate these troubled times. We will continue to help lawyers get their practices up and running, and be a resource for those who have already hung out their own shingle. As someone who made the leap into solo practice 10 years ago, I know how the state bar can help lawyers make a transition. First, you begin by saying that the economy is bad, and that members of the legal industry have a an obligation to the law graduates and professionals. Then you encourage those minorities who aren’t afforded the opportunity to enter into decent job prospects to start their own firms with no substantial experience. They will need, escrow account, a separate interest bearing account (depends on jurisdiction) supplies, office for leasing, liability insurance, malpractice insurance, office supplies. The funds for the start up costs will likely emanate from small business loans (more debt and interest). Most businesses lose money their first year in operation. Most law students aren’t taught economics, finance or how to operate a business. Most law students aren’t graduating with practical skills to practice law and there are just too many attorneys. Since the economy remains grim, how do you expect these inexperienced lawyers to attract clientele for their small firm in which most will not be able to pay retainer or contingency fees. So, you encourage new lawyers to incur more debt, increase their professional risk in this bad economy. Most small to mid-size firms not only lose money but are often wiped out by BigLaw firms because they are unable to compete. It’s like these lawyers who do not know better or being set up for another fall with additional financial consequences.

While most lawyers have been hurt by the recession, there are signs that the diverse population in the bar has been especially hard hit. The economic crisis has reduced opportunities for minority lawyers and hampered the profession’s efforts to increase diversity. Yet, you encourage the just above mentioned approach. I know that these blogs have been sounding negative but with estimates that the job market will only worsen for the next couple of years and that the legal industry may see a slight improvement in a few years, it’s simply not a reasonable investment. They will make things worse for themselves.

This is not acceptable. Our great state – the most diverse in the nation – demands an equally diverse legal profession. In the coming months, the state bar association will convene a summit on diversity to examine the progress we have made and to chart a path forward toward the goal of a more inclusive profession. It’s about time, why don’t a national bar association do this?

An inclusive profession is powerful and meaningful in today’s increasingly global marketplace.  That’s a nice sentiment, but the reality is that it depends on who you ask.

It is true that the global marketplace has brought changes to nearly every business and profession, and the law is no different. So true, legal outsourcing to India via LPOs has changed the American legal industry. There is cause for concern about how these trends may diminish the importance of practicing lawyers – and the public’s access to quality legal services.

In order to better understand and respond, we will establish a task force on the future of the delivery of legal services, with an eye toward protecting the public and preserving our professional values.

When it comes to protecting the public, we are reminded how blessed we are in New Jersey to have one of the most respected state court systems in the nation. That is because it is an independent and impartial branch of government. We will continue to fight to preserve the sanctity of our justice system – because every judge in our courts and every resident of New Jersey deserve it. This is confusing. The letter begins by stating the need to protect the interests of attorneys who are affected by the downturn in the economy. I will have to assume that getting attorneys to open firms to represent clients somehow enhances the justice system. So the interest is moreso getting criminals legal representation while lawyers sink in a mire of debt with no one caring about their interests.

After all, this is what the bar association is about:  Examining the tough issues so you know what is at stake and offering insight about the path to take.

Via Stanford Law School’s Website: Race Conscious College Admissions: KCBS Radio

Stanford Law Journal posted this on their website: (my ramblings in blue)

Publication Date: February 16, 2010 Source: KCBS All News Radio 740 AM

Professor Bill Koski discusses the delicate issue of affirmative action in higher education after activists have challenged Prop. 209: “A coalition of activists students from the University of California are filing a lawsuit to overturn the higher education portion of California’s proposition 209 the affirmative action initiative. The group “By Any Means Necessary” says that proposition 209 violates the equal protection clause in the Fourteenth Amendment of the US constitution. The students and their lawyers claim that the UC system is segregated and that African American and Latino student enrollment at UC Berkeley has dropped steadily since proposition 209 was passed in 1996. For more we’re joined on the KCBS news line by Stanford law professor Bill Koski. We thank you so much for the time today. What does proposition 209 have if anything to do with the equal protection laws in the constitution.”

“Proposition 209 was a voter passed initiative that only applies to the state of California. And what it does is it bans the use of racial preferences or racial discrimination in university admissions and other government contracting. In essence, what it says that decision makers in government have to be race neutral in their thinking. And this — Proposition 209 — was actually upheld against a court equal protection challenge back in 1997. And so it has survived one challenge but I understand the folks who are now taking a fresh look at this — they believe that the times have changed and that within the data showing that there has been this precipitous drop in African American and Latino enrollments at the UCs. They believe that it is now ripe for a new challenge under the equal protection clause.”

One may argue that many minorities may have become disinterested in law school. Equal Protection requires similar opportunities be provided for all regardless of race, color, national origin, etc. I know most people will argue that objective criteria such as LSAT, undergraduate gpa are the most determinant factors in law school admissions. It was my understanding that if an equally qualified minority was available and were underrepresented for an opportunity or admission, then he or she should be selected. Thus, the disparate impact on blacks and Latinos would give rise to them as a suspect class and thus allow them to have standing for a cause of action.  Oft-times I read people “yell” liberal-heart agendas are taking over and unqualified persons are trumping qualified whites. As far as a legal education is concerned I don’t believe this is so unless someone shows me evidence otherwise. With rare exception, regardless of the tier ranking you will likely see very few minorities, especially Black Americans in law school, even now.  I am unsure how for so many years state colleges and universities which receive grants and federal funding as well as the federal student loan circuit were able to circumvent affirmative action via the Civil Rights Act of 1964. The system goes from a history of condescending paternalistic governance of blacks and education to a free for all-the door is open, it’s all on your back if you succeed. There is an underlying issue regarding preparation for higher education of minorities to equitably compete. Instead of addressing these underlying issues the law school industry promotes lower tier schools to accept minority students to show that there “is still room for them” in the legal field. This in turn, along with inherent racial discrimination is a definite recipe for failure. Maybe it’s a good thing law school enrollment among minorities have declined. Though I think undergraduate school is a good experience it isn’t for anyone; one still cannot justify depriving certain people a chance to attend a good school

Around the year 2000 I came across and article in the newspaper and actually kept it throughout the years. It was entitled: “Black Law Students disappearing with end to affirmative action” by the Associated Press. One guy stated:  “That really is the story–that we have been giving such huge preferences based on skin color that it kind of masked the fact that we have such a long way to go in the K-12 system to get black kids prepared for the competition,” said Ward Connerly. So untrue, really? huge preferences…to blacks? The truth is that there weren’t hardly Black American students attending law schools, and that the door remained slightly ajar for few and now some desire to completely shut it again. 

Yet, I’ll agree that he makes a valid point regarding student preparation before reaching college. I even noticed a journal article 23Harvard BlackLetter Law Journal 107 (2007):http://www.law.harvard.edu/students/orgs/blj/vol23/lee.pdf  entitled: Justifying Affirmative Action in K-12 Private Schools; which I still need to take a more in-depth look at. Interestingly the author focuses on private schools because obviously little attention is giving to most public schools, especially now.  To start, with the funding of public middle and high schools based on zoning and racial preferences (within the classroom), quality of teachers, we would be addressing root problems. During the 1970s and 1980s bussing was the sought after solution, instead of creating or improving schools in predominately black communities, just send them to a school where the majority of the student body is white, that’s how you get around investing in the future of black neighborhoods, schools and local government.

But this would take years and an honest admission that the current method of state/public schooling is not adequate for most Americans. With the history of this country it is difficult to digest when an oblivious person says they can go to a good school or just move to a good neighborhood. Economic, social and historical factors all play a trickle down effect on what people have access to. It’s like saying anybody can go to Paradise Island and enjoy it’s fruit, it’s the best of all places–but to get there you need specific equipment, canoe, compass, life-jacket, a captain, etc. Some things are to some degree fundamentally an unequal playing field, yet all the players are expected to engage the system as if it were even. As a result, the same people who propogate that it’s a free market and that equal opportunities exist will just say see “they can’t compete” or “don’t throw money at them” or “reverse discrimination.” When people are maligned, constantly culturally bashed, put in conditions comparable to animals, de-humanized and basically dis-enfranchised, what do you expect the result to be? One can do this with any race, deprived of decent education because we’re dealing with conditioning environments and modifying behavior, then this becomes the world they know, this is what becomes “normal.” Then expect to suddenly be able to easily adapt to a world unbeknowst to them, that just seems fundamentally unfair. For those who were not raised or exposed to this environment, certain inequities become more evident and surprising as you age, because as a child it was unknown to you. Thus, growing up thinking you can be whatever you want, no matter what trials or systemic curveballs are thrown to you, one becomes bewildered; because it was only when you were a certain age to understand a degree of depth of the system, you realize you’re in too deep. Now it appears insurmountable to survive.

“Without looking at the lawsuit because I haven’t of course seen the lawsuit — it hasn’t been filed yet, to my knowledge. I can imagine that what they’re thinking here is that given the numbers of students who are African American Latino in the UC system — it’s largely because the system now uses test scores and grades almost exclusively or to some large extent in making admissions decisions. And what the feeling might be is that in the state of California at least the resources devoted to schools with high percentages of African American and Latino kids in the K -12 system are much lower than more affluent neighborhoods which are perhaps more white and Asian American. And what they’re thinking is that if you have access to fewer resources, fewer honors classes, fewer counselors, fewer people that get you prepared for college, that that in effect is discriminating against those students in terms of their preparation for the UC system. And then when the UC system chooses to use just test scores and other kinds of grades for their admissions process it perpetuates that discrimination. Now that might be the theory that they’re working under and that might be the changed circumstance that they can point to that in fact there has been this drop and there is this potential fact of resource disparity in the state of California.” “There’s no doubt this is a novel claim and I’m sure that they feel very strongly about their position. It will be a difficult case to pursue. One thing that has happened in the interim on the is another — affirmative action case at the University of Michigan Law School in which the law school itself wanted to use race conscious admissions policies. But it was challenged by a white student who said that that type of affirmative action was essentially reverse discrimination. At the University of Michigan case their admissions policy was upheld because it took an individualized holistic look at each applicant. And it didn’t use a quota system for African American and Latinos. So at least when a university chooses to use or is able to use race conscious admissions policies that are very narrowly tailored it will be held up against an equal protection clause challenge but that doesn’t mean that there is any obligation on a university to use those race conscious policies especially where Prop. 209 exists. One thing that I will say may happen with the filing of this kind of lawsuit — the great hope will be that it will change the conversation. How is it that we as a state can tolerate such unequal numbers of African American and Latino students in our flagship UC system and how is it that we can reach out and try to change those numbers given that we have Prop. 209 in existence.”

The issue is the root problems, not scoring and making holistic approaches to admissions the norm, if it means lower standards to appease interest groups. Regardless of race the system should want to promote qualified diversity. Look at how often the U.S. attracts scientists and engineers from abroad but fails to invest in its own education system that would provide dedicated, qualified Americans in the same field. A quality education starts when they’re young, not all of sudden you’ll be thrown out into the real world let’s try to maneuver around the problem instead of creating real solutions. The system is failing because it doesn’t care about future generations, just how to profit on the way things work now, which obviously isn’t too well.

Law School Admissions Lag Among Minorities January 6, 2010

http://www.nytimes.com/2010/01/07/education/07law.html

Law School Admissions Lag Among Minorities

By Tamar Lewin
Published: January 6, 2010

While law schools added about 3,000 seats for first-year students from 1993 to 2008, both the percentage and the number of black and Mexican-American law students declined in that period, according to a study by a Columbia Law School professor.

What makes the declines particularly troubling, said the professor, Conrad Johnson, is that in that same period, both groups improved their college grade-point averages and their scores on the Law School Admission Test, or L.S.A.T.

“Even though their scores and grades are improving, and are very close to those of white applicants, African-Americans and Mexican-Americans are increasingly being shut out of law schools,” said Mr. Johnson, who oversees the Lawyering in the Digital Age Clinic at Columbia, which collaborated with the Society of American Law Teachers to examine minority enrollment rates at American law schools.

However, Hispanics other than Mexicans and Puerto Ricans made slight gains in law school enrollment.

The number of black and Mexican-American students applying to law school has been relatively constant, or growing slightly, for two decades. But from 2003 to 2008, 61 percent of black applicants and 46 percent of Mexican-American applicants were denied acceptance at all of the law schools to which they applied, compared with 34 percent of white applicants.

“What’s happening, as the American population becomes more diverse, is that the lawyer corps and judges are remaining predominantly white,” said John Nussbaumer, associate dean of Thomas M. Cooley Law School’s campus in Auburn Hills, Mich., which enrolls an unusually high percentage of African-American students.

Mr. Nussbaumer, who has been looking at the same minority-representation numbers, independently of the Columbia clinic, has become increasingly concerned about the large percentage of minority applicants shut out of law schools.

“A big part of it is that many schools base their admissions criteria not on whether students have a reasonable chance of success, but how those L.S.A.T. numbers are going to affect their rankings in the U.S. News & World Report,” Mr. Nussbaumer said. “Deans get fired if the rankings drop, so they set their L.S.A.T. requirements very high.

“We’re living proof that it doesn’t have to be that way, that those students with the slightly lower L.S.A.T. scores can graduate, pass the bar and be terrific lawyers.”

Margaret Martin Barry, co-president of the Society of American Law Teachers, said that while she understood the importance of rankings, law schools must address the issue of diversity. “If you’re so concerned with rankings, you’re going to lose a whole generation,” she said.

The Columbia study found that among the 46,500 law school matriculants in the fall of 2008, there were 3,392 African-Americans, or 7.3 percent, and 673 Mexican-Americans, or 1.4 percent. Among the 43,520 matriculants in 1993, there were 3,432 African-Americans, or 7.9 percent, and 710 Mexican-Americans, or 1.6 percent. The study, whose findings are detailed at the Web site A Disturbing Trend in Law School Diversity, relied on the admission council’s minority categories, which track Mexican-Americans separately from Puerto Ricans and Hispanic/Latino students.

“We focused on the two groups, African-Americans and Mexican-Americans, who did not make progress in law school representation during the period,” Mr. Johnson said. “The Hispanic/Latino group did increase, from 3.1 percent of the matriculants in 1993, to 5.1 percent in 2008.”

Mr. Johnson said he did not have a good explanation for the disparity, particularly since the 2008 LSAT scores among Mexican-Americans were, on average, one point higher than those of the Hispanics, and one point lower in 1993.

Over all, Mr. Johnson said, it is puzzling that minority enrollment in law schools has fallen, even since the United States Supreme Court ruled in 2003, in Grutter v. Bollinger, that race can be taken into account in law school admissions because the diversity of the student body is a compelling state interest.

“Someone told me that things had actually gotten worse since the Grutter decision, and that’s what got us started looking at this,” Mr. Johnson said. “Many people are not aware of the numbers, even among those interested in diversity issues. For many African-American and Mexican-American students, law school is an elusive goal.”

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I have mixed feelings about this article. First, I know how hard it was historically for blacks to even obtain the privilege to read, eat in public, use the restroom in public, ride in transportation in integrated transport. Let alone to obtain the right the vote and get a formal education. The problem is that with invidious discrimination that is interwoven in American society, going to law school will be a financial detriment. This will likely affects one credit (mind you there are studies which shows black Americans with equal or slightly better credit scores still receive subprime rates: [Credit, Capital and Communities: The Implications of the Changing Mortgage Banking Industry for Community Based Organizations, Joint Center for Housing Studies, Harvard University(2004) AND 88th Annual Report, Board of Governors of the Federal Reserve System (2001). Denial rates for conventional home purchase loans in 2000 were 45 percent for black applicants, 42 percent for Native American applicants, 31 percent for Hispanic applicants, 22 percent for white applicants, and 12 percent for Asian applicants.]).   In a way, we desparately need quality attorneys to fight institutionalized discrimination, but to make it seem like law schools are doing certain minorities a favor by soliciting their borrowed dollars to be flunked out, hazed, unemployed and an indentured servant in modern society and use a criterion which isn’t fair even when you do things the right way; it’s like either way you’re damned. MAYBE THE ENROLLMENT RATES ARE LOWER BECAUSE MINORITIES FIGURED OUT THE GAME EARLIER AND CHOSE NOT TO BE SUCKERED–I tried to end the thought on a positive note!