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Just Sayin / Law School / Law School – 2L

More brown faces

Note: I understand people are busy, so here are some cliffnotes for the rant:

  • Diversity Initiatives aimed at black students tend to assume that all black students are African American and have a shared background.
  • Diversity is more than a skin-color. The Persian or Korean student may have more to add than a “black” student who grew up in a “white” environment, but there is an arbitrary preference for the black student.

Today’s reading assignment for Employment law involved Title VII workplace discrimination claims.

I was reminded of the “I am not Tyrone” post that I wrote during the law school admissions process when I was worried about law schools balking at my lack of stereotypical African-American “blackness” because that was exactly what some schools were recruiting me for.

After the first day of orientation, my housemates pointed out that I was the only black person in our year.1 This was a recurring conversation during my 1L year, and I was amused that the lack of “diversity” bothered2 white students more than it did me.

This year the law school gave fee vouchers to black applicants and (surprise, surprise) we have more black students.

Several of our 50-some-odd transfers are also black. Of course the Black Law Students Association is thrilled, but I think the black students serve a dual purpose by giving the white students a piece of mind.3

Congratulations. You can feel like you go to a “diverse” school now.

Out of the seven 1Ls at the BLSA meeting, I think only one of them wasn’t mixed (ie, half/white or Asian) but Americans who want diversity for diversity’s sake care primarily about appearance of African-American ancestry.4

The most obvious example of this is our president, and the reaction of the African-American community to his election.

No one stopped to ask whether the son of white woman and an African immigrant bore anything more than a superficial relation to the African-American community.4 Obama is not the progeny of the people who have been oppressed in this country for 400 years any more than Bobby Jindal is.

And what about an Indian candidate? Would Jessie Jackson be as excited to see Bobby Jindal win the presidency? What if Jindal was married to a black woman? Would we have Jindal T-shirts at Urban Outfitters then?

The answer is no.

The civil rights movement opened the door for Jindal just as it did for people of every race and sex, but we would not have the same homecoming celebration for anyone that did not “appear” African-American because the focus on diversity is as superficial as the discriminatory practices it aims to counter.

Anyhoot, before I start parroting Michelle Malkin, let me just get to the holding5 of the post:
A diversity initiative is bigoted and backward if it simply seeks people of a particular skin color irrespective of whether that person truly represents the historically oppressed group that the diversity initiative is trying to promote.
If a Haitian-American student is eligible for the “black scholarship” then why not an Asian American? The only difference is that we didn’t historically oppress as many people that look like the Asian as much as we did people who look like the Haitian. Why should the Haitian benefit from this?

Sure, we aren’t going to inquire about a black person’s background to determine whether they are African American like we ask for tribal affiliation of a Native American. So why bother?

What is the point of recruiting black students, or persons of any minority status at all? Under the current system the half-black student raised in a white household gets a fee voucher and a tour, but the Persian or Korean applicant is ignored.

And I’m not saying that I don’t appreciate the diversity of my school., because I think it’s fascinating.

But to me the diversity includes the ignored minorities (the Persians, Koreans, Chinese), the variety6 of black students, and even the white students who come from different parts of the country and have different education/vocational backgrounds.

And I think it is sad that this diversity is lost on the students and administrators who are only looking for more brown faces.7


1 There are two others, but they were not as readily identifiable.
2 It annoys me that people refer to the lack of one minority group (blacks) as “a lack of diversity.” Nevermind the East-Asians, Indians, Hispanics, and Native Americans we have in our year – everyone wants to see Tyrone.
3 Not to say that being half-black somehow makes one “not black” but what I’m harping on is the assumption that all black people share the same African-American background, which is the only assumption that can justify the focus on the community. Do people really care about the Ethiopian or Somali students? If so, why are these people not equally thrilled by the amount of East-Indians and Koreans at our school?
4 Community organizing and marrying an African-Woman helps. I’m not saying that he’s not special for his own reasons, but the phrase “the first black president” implies “the first African-American president” rather than “the first Kenyan-American president.”
5 If blog posting interrupts my legal research I can use “Holding.”
6 Somali, Caribbean, black-white, black-filipino, black-Cuban…Africans…etc. Really this is a forest/for the trees statement. The “black” community is more diverse than your average person cares about.
7 These are the same people that don’t realize that Hispanics in Miami look more like Gloria, Enrique, and Pitbull than Carlos Mencia.

8 Comments

  • Laura
    September 30, 2009 at 12:27 am

    It’s interesting to me that some of your points are reminiscent of those who say that the Supreme Court is (in some ways) getting less diverse. Although there are currently two women and a black man, most of the justices are from the Northeast, went to the same two law schools, and served as judges before their appointments.

    Reply
    • Jansen
      September 30, 2009 at 9:46 am

      It’s depends what you focus on. I’m not sure that a racial/sex minority with the same NE/education social standing really provides a diversity of opinion in the same way that a “white” man from a different region and social class might.

      Reply
  • New Kid on the Hallway
    September 30, 2009 at 12:54 am

    This is interesting, because it doesn’t quite match up with my experience in higher ed – most places I’ve been have been very aware that diversity means more than black (and for that matter, more than race/ethnicity) and would give fee vouchers to African-Americans, Persians, AND Koreans!

    But it can depend where you are, I guess. I’ve lived in a big southern city where race was definitely thought of as a black-white thing (where black = African-American descended from slaves). So I guess I’m saying that not everywhere is like what you describe (although yeah, it’s certainly not unheard of just to count faces of color to try to achieve diversity).

    I don’t think, though, that the focus on African-Americans is based on an assumption that they all share the same experience – just that those experiences, of whatever various kinds, are all going to be valuable when you’re putting together a class of students. They may not share the same experiences, but they’re all likely to have very different experiences of race than I’ve had as whitey mcwhitegirl. Just because a school thinks all those experiences are valuable doesn’t mean it thinks they’re all the same.

    (Of course, your school might! Can’t really speak to that.)

    (And sorry to go on – am involved in a committee at school that deals with all this stuff…)

    Reply
    • Jansen
      September 30, 2009 at 9:52 am

      I’m pretty sure the Asians at my school don’t get recruited in the same way that the black students do. Most undergrad institutions are the same.

      And I’ve had conversation with some of the other minorities (like the Persian) who feel completely neglected. If you’re giving vouchers to all minorities, then there’s a valid “diversity of opinion” argument, but when you are only seeking select minorities, it implies that one minority is somehow valued more than another.

      Reply
  • Invisiblemannakedcity
    October 5, 2009 at 7:25 pm

    I need to respectfully dissent Jansen.

    I think you’re missing the point of diversity initiatives. Black American’s make up somewhere between 10-15% of the general population, and yet we are dramatically underrepresented in the legal community. Do you think it’s wrong for law schools to try and correct that?

    I’m not saying that more Persian/Korean students are a bad thing either, but these groups simply aren’t that represented in the population.

    Also, I think you mis-categorize the meaning of ‘shared background.’ The way race works in the United States is largely appearance (race) based. Most blacks, regardless of their ethnicity, tend to associate together outside of law school, as well as within law school I don’t think it’s absurd to assume their is a general sort of ‘cosmopolitan black culture.’ (Don’t quote me on that term)

    Is the system of admissions messed up with regard to race? Yeah, it probably is. I think the schools tokenize their minority, especially black and Hispanic, students. I think what’s more important is to realize the absurdity is best if used to your own benefit.

    That’s what I think at least.

    Reply
    • Jansen
      October 5, 2009 at 10:11 pm

      But is the diversity initiate really correcting anything when the vast majority of black students taking advantage of that opportunity (at least at UMN) are mixed or foreign-born? I think giving a preference to a mixed student with virtually the same socio-economic background as her white counterparts is sort of a crude way to promote diversity or equality.

      Reply
      • Invisiblemannakedcity
        October 5, 2009 at 11:19 pm

        I guess I misread the key point of your post. I guess we’re viewing the same horse from different sides, or whatever the appropriate metaphor is.

        Reply
  • David Schraub
    October 11, 2009 at 2:54 am

    Not to partake in the grievous sin of giving a fellow law student more reading, but I’d be very, very curious to hear your thoughts on my Racism as Subjectification essay.

    Hope 2L year is going well (we’re just starting week 3 of ours!).

    Reply

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