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Racism, Race, American Law
Joint Conference On Diversity
"The Diversity Imperative"
October 7, 2000
~~~~~~~~~~~~~~~~~~~~~~~~~~~
David Hall
Provost & Senior Vice President
for Academic Affairs
Northeastern University
Boston, MA 02115
THE DIVERSITY IMPERATIVE
Thanks Elliott for the introduction. It is really a special honor for me to play a role in this historic conference that has attracted so many dynamic, insightful and well-known presenters. I want to thank Michael Olivas for inviting me, and for his leadership in organizing one of the best conferences on this topic that I have attended.
As the last person to speak, I have my doubts about whether there is anything I can add to the insightful presentations and discussions that have already occurred. Maybe the most important thing I can add is not a new idea or strategy, but a closing spirit to guide us on this journey.
At gatherings like these, we are often tempted to say that we are speaking to the choir, since most of those who attend a conference such as this are already converted to the Diversity Ideal. We already know how important it is and we often see our struggle as trying to convince our colleagues of the importance of this ideal.
But having grown up in church, I understand that everyone in the choir isn't always saved, and even when they are, they struggle with doubts and frustrations and sometimes lose sight of the importance of their gift and their calling. One of the reasons, we vacillate or fail to fight hard for this ideal is because we fail to fully realize just how important it is, and what is ultimately at stake. So I would like to end this conference focusing on a theme that is contained in the conference title. I want to speak briefly about "The Diversity Imperative".
An imperative to me suggests something that is indispensable, urgent and essential for ones existence. I believe that the imperative of diversifying the legal profession goes beyond our needs to have more persons of color and women in the academy and ultimately in the courtroom. Certainly the integrity of the legal profession is enhanced and increased by having a profession that looks like the citizens it represents and judges. But this is a minor reason which, for the most part, will only directly benefit a small segment of the population.
This imperative goes much deeper than that. This work that we are engaged in relates more to the fundamental question of what type of society we want. As others have eloquently said or implied, this diversity ideal is an offspring of the social justice ideal, which is so critical to the future of this society and the world. This work is a small part of the unfinished work of the past two centuries. We have never been able to secure justice and equality in this society, despite all of the legislation and court decisions. So what we are really gathered here to do is remind ourselves of the work that remains undone. We have been given a sacred mantle to carry. What we have been discussing for the last two days is the unfinished work of Martin and Malcolm. This is the work of Harriet and Sojourner. Whether we admit it or not, we have been given the unfilled dreams of migrant farm workers and grassroot feminists. This is the work of generations now gone by who would not rest until freedom came. They are whisperings to us from their graves, reminding us that freedom has not come and thus we, nor they, can rest. Freedom has not come to America when we can predict the academic success of students based on the schools they attend and the neighborhoods they live in. True freedom does not create patterns of success and failure that are predictable along racial and class lines. But unfortunately because legislation was passed, and court decisions were rendered, some of us rested. Others of us rested when we saw the political winds begin to blow in the opposite direction of this ideal. This gathering is to remind us that we cannot rest, until freedom comes.
Some of us get frustrated because the victories that were won seem to be easily eroded. Others of us are disappointed because the new strategies we develop don't capture all of the issues we need to address. We quickly realize that class strategies, 10% strategies, whole person admission strategies, and outreach programs all have their weaknesses and limitations. We learned this morning that we now face greater challenges in regards to student debt that can serve as a barrier to our goals. We are discovering how the use of technology provides us with new opportunities and complex and old challenges. But this imperative that we seek has no easy answers. This is not a journey of packaged solutions. This is a trek of will and spirit. This is a never ending middle passage from injustice to justice, from hate to love. We cannot measure our success by the miles traveled nor by some ultimate utopia which we have ushered into existence. As Attorney General Reno indicated, we measure our success by the lives touched and changed, and by how passionately we remain committed to chasing the justice dream. For it is in the chase that we find meaning and purpose in our lives, and in the lives of those around us. So our frustrations should stand as a stark reminder of the damage that injustice can do to our social structures. We are the modern day sanitation workers, trying to clean up the mess of prior generations, of the framers, and even of ourselves. The lesson for us to learn is that our greatest hope for finding justice is to ensure that injustice is not reborn in every generation. So the challenge placed before the leadership of the organizations who convened this meeting-to develop a strategic, comprehensive plan to work with children and schools at their earliest arrival on the planet-cannot be viewed as a fanciful ideal. It is what this justice chase has taught us.
So the Diversity Imperative in the legal profession is the stepping stone to our greater calling as lawyers and as human beings. For unless we can make this step, then we will never be able to make the giant step of bringing justice and equality to the larger society. If we cannot convince our colleagues, deans, presidents and board members that equality and justice has not come to the legal profession, then how can we convince the society that it has not come to this nation or to this world.
Yes, I am preaching to the choir. But the choir has to sing in a more melodious voice. It has to be so sweet, but yet so thunderous that we move mountains of doubt and resistance. We cannot not be silent about this imperative.
For hanging in the balance are the values we cherish. Hanging in the balance are the lives of those who have limited options in this life. Hanging in the balance are youth trapped in urban centers, in schools and streets that don't inspire them to dream or achieve. Hanging in the balance are my nieces and nephew who are caught in vicious patterns of economic despair and limited horizons that i was somehow blessed to break out of. So sing choir!!!! Sing! Sing as if someone's life is dependent upon your song. For it is!
There is another aspect to this Diversity Imperative that we must not overlook. In addition to it being an offspring of the Social Justice Ideal, it is also a surrogate for our striving to be whole and humane people. Buried deep in this imperative is the soul of this profession and this nation. For unless we learn to care deeply about those who are different from us, then we will not really know how to fully care about ourselves. We cannot alienate parts of ourselves from those we hate without alienating parts of ourselves from those we say we love. If we intentionally or unintentionally create barriers that make it more difficult for women, people of color, gays and lesbians, and the disabled to access the resources and insights of this profession, then we are also making it more difficult for everyone to tap into the deep well of human understanding. As lawyers, unless we can serve those who are truly in need, then we really don't understand what service is all about. And unless we know how to treat the "least of these my brothers and sisters," then we have no chance for a heavenly crown. "I was a stranger and ye took me in." Therefore, I believe this Diversity Imperative is deeply rooted in our human and spiritual imperatives.
Dr. King's reminder that "we are caught in an inescapable network of mutuality, tied to a common garment of destiny," implores us to make life wonderful for others because in the process we make it wonderful for ourselves. I realize this is an ideal that is easier to articulate than it is to implement, but we must ultimately see the world through this lens, and you must see your law school's mission through this window. Otherwise you will not reach your ultimate goal no matter how many diverse students you admit to your law school.
So if we only see this struggle as one to get a few more students of color in law school, then we miss the deep meaning of this cause. It is an imperative because it touches all aspects of our lives and institutions. Within the legal profession, it requires us to redefine our concepts of excellence. The preeminent law firms and law schools of the 21st century must be those that are the true leaders in the diversification of the profession, as well as in the client list and l.s.a.t. scores. Preeminence must be broadly defined to embrace all imperatives of survival and success.
This quest for excellence also cuts both ways. Those of us who have been the excluded and rejected, but embrace this mantle, we must always strive for excellence. We owe it to ourselves to seek it in everything we do. We must seek it in the way we teach, write, administer our offices, and engage as lawyers and judges. We cannot afford to be complacent with this mantle that has been handed down to us. We do it not because we want to convince others of our worth or to be accepted, we must do it because this is the well from whence we gained life. We would not be in the positions we are in but for the excellence that others displayed in their quest to open these doors that we stepped through. So we do it for them and for our own self respect and dignity. For it is ultimately through our excellence that our organization and law schools can make diversity a prerequisite to their quest for excellence.
In conclusion:
Gathered here are not the "outsiders" trying to throw stones at glass houses that they do not live within. In this room are many of the keepers of these glass houses. We are the policy makers, the deans and provosts, the judges and lawyers, the government leaders who are in positions of power and influence to make a difference. So from the inside we must transform that which we know is not right. We must ensure that our institutions remain dedicated to this cause, even when strong forces stand in our way. Our leadership will mean nothing if we wave the diversity flag high in these circles but do not boldly carry this banner at home. Our membership in the choir demands that we always sing. It demands that we "sing a song full of the hope that the dark past has taught us. Sing a song full of the faith that the present has brought us. Facing the rising sun for a new day begun, let us march on till victory is won."
Victory cannot be defined as just increasing the number of lawyers of color in the profession. Victory is creating a society of racial and social justice. victory is instilling within the students we teach a deep passion for justice and service. Victory is turning our law schools into fields of dreams where people strive to create a society that we have never had, but that they feel empowered to imagine and create.
We replenish the earth by planting seeds of justice and love. The privilege we have as professors and administrators is the ability to replenish the earth, by planting and nurturing these seeds of faith and hope within the minds and souls of those we meet and teach.
So I applaud you for your work, and thank you for giving me this opportunity to share a few thoughts with you. I don't know if i have added anything of substance to this fine conference. Hopefully I have touched your hearts and your imagination. Hopefully I have inspired you to look deep inside your present commitment and see if you can expand it even more. We are all called to do great things in this life. Some of us are called to be seekers of ideals that we know will be difficult to obtain. But unless we have a desire to be the carriers of this social dream of justice, then we will never fulfill this imperative.
So what if we are able to leave this place not only with some strategies that we can employ in our law schools, but leave with a re-inspired spirit to transform the world. This is our true imperative for the 21st century. This is my hope and prayer for this profession and this nation. I wish us God's speed.
October 7, 2000
~~~~~~~~~~~~~~~~~~~~~~~~~~~
David Hall
Provost & Senior Vice President
for Academic Affairs
Northeastern University
Boston, MA 02115
THE DIVERSITY IMPERATIVE
Thanks Elliott for the introduction. It is really a special honor for me to play a role in this historic conference that has attracted so many dynamic, insightful and well-known presenters. I want to thank Michael Olivas for inviting me, and for his leadership in organizing one of the best conferences on this topic that I have attended.
As the last person to speak, I have my doubts about whether there is anything I can add to the insightful presentations and discussions that have already occurred. Maybe the most important thing I can add is not a new idea or strategy, but a closing spirit to guide us on this journey.
At gatherings like these, we are often tempted to say that we are speaking to the choir, since most of those who attend a conference such as this are already converted to the Diversity Ideal. We already know how important it is and we often see our struggle as trying to convince our colleagues of the importance of this ideal.
But having grown up in church, I understand that everyone in the choir isn't always saved, and even when they are, they struggle with doubts and frustrations and sometimes lose sight of the importance of their gift and their calling. One of the reasons, we vacillate or fail to fight hard for this ideal is because we fail to fully realize just how important it is, and what is ultimately at stake. So I would like to end this conference focusing on a theme that is contained in the conference title. I want to speak briefly about "The Diversity Imperative".
An imperative to me suggests something that is indispensable, urgent and essential for ones existence. I believe that the imperative of diversifying the legal profession goes beyond our needs to have more persons of color and women in the academy and ultimately in the courtroom. Certainly the integrity of the legal profession is enhanced and increased by having a profession that looks like the citizens it represents and judges. But this is a minor reason which, for the most part, will only directly benefit a small segment of the population.
This imperative goes much deeper than that. This work that we are engaged in relates more to the fundamental question of what type of society we want. As others have eloquently said or implied, this diversity ideal is an offspring of the social justice ideal, which is so critical to the future of this society and the world. This work is a small part of the unfinished work of the past two centuries. We have never been able to secure justice and equality in this society, despite all of the legislation and court decisions. So what we are really gathered here to do is remind ourselves of the work that remains undone. We have been given a sacred mantle to carry. What we have been discussing for the last two days is the unfinished work of Martin and Malcolm. This is the work of Harriet and Sojourner. Whether we admit it or not, we have been given the unfilled dreams of migrant farm workers and grassroot feminists. This is the work of generations now gone by who would not rest until freedom came. They are whisperings to us from their graves, reminding us that freedom has not come and thus we, nor they, can rest. Freedom has not come to America when we can predict the academic success of students based on the schools they attend and the neighborhoods they live in. True freedom does not create patterns of success and failure that are predictable along racial and class lines. But unfortunately because legislation was passed, and court decisions were rendered, some of us rested. Others of us rested when we saw the political winds begin to blow in the opposite direction of this ideal. This gathering is to remind us that we cannot rest, until freedom comes.
Some of us get frustrated because the victories that were won seem to be easily eroded. Others of us are disappointed because the new strategies we develop don't capture all of the issues we need to address. We quickly realize that class strategies, 10% strategies, whole person admission strategies, and outreach programs all have their weaknesses and limitations. We learned this morning that we now face greater challenges in regards to student debt that can serve as a barrier to our goals. We are discovering how the use of technology provides us with new opportunities and complex and old challenges. But this imperative that we seek has no easy answers. This is not a journey of packaged solutions. This is a trek of will and spirit. This is a never ending middle passage from injustice to justice, from hate to love. We cannot measure our success by the miles traveled nor by some ultimate utopia which we have ushered into existence. As Attorney General Reno indicated, we measure our success by the lives touched and changed, and by how passionately we remain committed to chasing the justice dream. For it is in the chase that we find meaning and purpose in our lives, and in the lives of those around us. So our frustrations should stand as a stark reminder of the damage that injustice can do to our social structures. We are the modern day sanitation workers, trying to clean up the mess of prior generations, of the framers, and even of ourselves. The lesson for us to learn is that our greatest hope for finding justice is to ensure that injustice is not reborn in every generation. So the challenge placed before the leadership of the organizations who convened this meeting-to develop a strategic, comprehensive plan to work with children and schools at their earliest arrival on the planet-cannot be viewed as a fanciful ideal. It is what this justice chase has taught us.
So the Diversity Imperative in the legal profession is the stepping stone to our greater calling as lawyers and as human beings. For unless we can make this step, then we will never be able to make the giant step of bringing justice and equality to the larger society. If we cannot convince our colleagues, deans, presidents and board members that equality and justice has not come to the legal profession, then how can we convince the society that it has not come to this nation or to this world.
Yes, I am preaching to the choir. But the choir has to sing in a more melodious voice. It has to be so sweet, but yet so thunderous that we move mountains of doubt and resistance. We cannot not be silent about this imperative.
For hanging in the balance are the values we cherish. Hanging in the balance are the lives of those who have limited options in this life. Hanging in the balance are youth trapped in urban centers, in schools and streets that don't inspire them to dream or achieve. Hanging in the balance are my nieces and nephew who are caught in vicious patterns of economic despair and limited horizons that i was somehow blessed to break out of. So sing choir!!!! Sing! Sing as if someone's life is dependent upon your song. For it is!
There is another aspect to this Diversity Imperative that we must not overlook. In addition to it being an offspring of the Social Justice Ideal, it is also a surrogate for our striving to be whole and humane people. Buried deep in this imperative is the soul of this profession and this nation. For unless we learn to care deeply about those who are different from us, then we will not really know how to fully care about ourselves. We cannot alienate parts of ourselves from those we hate without alienating parts of ourselves from those we say we love. If we intentionally or unintentionally create barriers that make it more difficult for women, people of color, gays and lesbians, and the disabled to access the resources and insights of this profession, then we are also making it more difficult for everyone to tap into the deep well of human understanding. As lawyers, unless we can serve those who are truly in need, then we really don't understand what service is all about. And unless we know how to treat the "least of these my brothers and sisters," then we have no chance for a heavenly crown. "I was a stranger and ye took me in." Therefore, I believe this Diversity Imperative is deeply rooted in our human and spiritual imperatives.
Dr. King's reminder that "we are caught in an inescapable network of mutuality, tied to a common garment of destiny," implores us to make life wonderful for others because in the process we make it wonderful for ourselves. I realize this is an ideal that is easier to articulate than it is to implement, but we must ultimately see the world through this lens, and you must see your law school's mission through this window. Otherwise you will not reach your ultimate goal no matter how many diverse students you admit to your law school.
So if we only see this struggle as one to get a few more students of color in law school, then we miss the deep meaning of this cause. It is an imperative because it touches all aspects of our lives and institutions. Within the legal profession, it requires us to redefine our concepts of excellence. The preeminent law firms and law schools of the 21st century must be those that are the true leaders in the diversification of the profession, as well as in the client list and l.s.a.t. scores. Preeminence must be broadly defined to embrace all imperatives of survival and success.
This quest for excellence also cuts both ways. Those of us who have been the excluded and rejected, but embrace this mantle, we must always strive for excellence. We owe it to ourselves to seek it in everything we do. We must seek it in the way we teach, write, administer our offices, and engage as lawyers and judges. We cannot afford to be complacent with this mantle that has been handed down to us. We do it not because we want to convince others of our worth or to be accepted, we must do it because this is the well from whence we gained life. We would not be in the positions we are in but for the excellence that others displayed in their quest to open these doors that we stepped through. So we do it for them and for our own self respect and dignity. For it is ultimately through our excellence that our organization and law schools can make diversity a prerequisite to their quest for excellence.
In conclusion:
Gathered here are not the "outsiders" trying to throw stones at glass houses that they do not live within. In this room are many of the keepers of these glass houses. We are the policy makers, the deans and provosts, the judges and lawyers, the government leaders who are in positions of power and influence to make a difference. So from the inside we must transform that which we know is not right. We must ensure that our institutions remain dedicated to this cause, even when strong forces stand in our way. Our leadership will mean nothing if we wave the diversity flag high in these circles but do not boldly carry this banner at home. Our membership in the choir demands that we always sing. It demands that we "sing a song full of the hope that the dark past has taught us. Sing a song full of the faith that the present has brought us. Facing the rising sun for a new day begun, let us march on till victory is won."
Victory cannot be defined as just increasing the number of lawyers of color in the profession. Victory is creating a society of racial and social justice. victory is instilling within the students we teach a deep passion for justice and service. Victory is turning our law schools into fields of dreams where people strive to create a society that we have never had, but that they feel empowered to imagine and create.
We replenish the earth by planting seeds of justice and love. The privilege we have as professors and administrators is the ability to replenish the earth, by planting and nurturing these seeds of faith and hope within the minds and souls of those we meet and teach.
So I applaud you for your work, and thank you for giving me this opportunity to share a few thoughts with you. I don't know if i have added anything of substance to this fine conference. Hopefully I have touched your hearts and your imagination. Hopefully I have inspired you to look deep inside your present commitment and see if you can expand it even more. We are all called to do great things in this life. Some of us are called to be seekers of ideals that we know will be difficult to obtain. But unless we have a desire to be the carriers of this social dream of justice, then we will never fulfill this imperative.
So what if we are able to leave this place not only with some strategies that we can employ in our law schools, but leave with a re-inspired spirit to transform the world. This is our true imperative for the 21st century. This is my hope and prayer for this profession and this nation. I wish us God's speed.