Does affirmative action hurt minorities?

This article, which appeared in the L.A. Times, poses that question. Clearly the question has no simple answer, but this is a discussion that we as African-Americans should not shy away from considering. Nor should we be reluctant to engage in the research that is necessary to gain clearer understanding of the effects of affirmative action or to allow others to do that research.

My own experience is that affirmative action in some cases can hurt the very people it is meant to help. Perhaps the most startling statement in the Times article is

"Only one in three black students who start law school graduate and pass the bar on their first attempt; most never become lawyers. How much of this might be attributable to the mismatch effect of affirmative action is still a matter of debate, but the problem cries out for attention. "

I've seen that happen first hand. For example, with the best of intentions, Law School A may be willing to admit a student, notwithstanding that all indications are that this student is non-competitive at that particular institution. That's not to say this student is not capable, but rather a realistic recognition that, as is the case with sports, a player may notbe ale to run with the big dogs of the NBA, but in another league, he can shine. In other words, that prospective student might in fact be competitive at School B, although School B may not be as highly regarded as School A. The prestige of going to the better school, perhaps enhanced by a grant of a scholarship, however motivates the student to go to School A.

If this student graduates and passes the bar, affirmative action has worked just as it was meant to. We have added one more minority attorney to the bar. If, however, the student drops out, either voluntarily upon learning that he is at a competitive disadvantage, or involuntary, because of a breach of academic probation, that student will likely never obtain a law degree and will never becocme a licensed attorney. Keep in mind that many law schools have a mandatory gradidng curve, which pits students directly against each other--the weaker students will bear the full brunt of the merciless grading curve. If School A won't give this student a second chance, it is unlikely that any other school will now admit him. That includes School B.

On the other hand, had the student attended School B from the outset, he would have had a greater chance of success. Competing against other students who share credentials similar to his own would have given that student a chance to excell at School B or at least to complete the program. If School B is accredited, upon his graduation, this student would have been eligible to take the bar exam in any state of his choosing, and would be well on his way to becoming a licensed attorney.

Obviously, this is a gross oversimplification. Nonetheless it makes the point: affirmative action is not necessarily a benefit if indeed there is a mismatch.

We cannot be afraid to confront difficult facts. Nor can we afford to take our eyes off the prize. We need more African-American attorneys. If what we're doing is not working--and there are indications that it is not--then we must rethink what is the best way to achieve our goal.

I have other thoughts on what we ought to consider in terms of increasing the number of minorities, which I will touch on as time goes on.

Celebrating the Little Rock Nine

It's been fifty years since President Eisenhower called in the national guard to escort 9 African American students as they integrated Central High School in Little Rock, Arkansas. That time seem so long ago. Maybe it's the pictures, in stark black and white, or the clothing, like costumes out of a staging of Grease. The idea that so many people could be so agnry over because nine black teenagers wanted to take advantage of the learning at Central High seems so foreign. Newsweek has a good article about the events of those days.

Are things better? Mostly, yes. We're still far too conscious of race. But except for maybe a few skinheads or throwback Klansmen, people are rarely openly hostile to the idea of integration.

But then again, I'm reminded that the problems in Jena, Louisiana began when a few black students sat under the tree some white students believed to be exclusively for their pleasure.


Within days of each other, there's a celebration in Little Rock and a protest in Jena.

Reflections on the Jena 6

After hearing the reports of the protest in Jena yesterday, I was heartened. The peaceful nature of the march was a powerful reminder of the power of a peaceful protest. I wish I could have attended. Thousands of people, marching in solidarity, taking care of business. One Jena city official described the day as not only involving no arrests, but not a single incident--at least not from any of the supporters of the Jena 6. The one incident that did occur, involving the two white teens with nooses in their pick-up, portrayed the protesters in a positive light, backfiring on those two teens who tried to garner a reaction.

Then there was today, and the court's refusal to reduce Mychal Bell on bond. It's not clear that the court considered the bail issue, given the closed nature of juvenile court. However, if the judge did not consider the issue, or if he did hear the bail issue but indeed refused to reduce bail to something less than $90,000, an explanation is in order.

I learned a few key principles in law school, including the presumption of innocence, i.e. innocent until proven guilty beyond a reasonable doubt. I also learned that consistent with the presumption of innocence, a criminal defendant shouldn't be denied his freedom unless there is a fear that he will not return to stand trial. Bail is meant to serve as a guarantee that the defendant will return. Stated simply, unless there is good reason not to release a defendant before he has been found guilty, bail should be allowed and should be set in an amount that is high enough to guarantee the defendant's appearance, but not unnecessarily excessive such that the defendant is unnecessarily denied his freedom.

Bell clearly has a past history that works against him. His prior convictions, although while a juvenile, don't help his cause. But as I understand it, Bell has plenty of reason to stay put. His young age and the fact that his relatives, on whom he is dependent, live in the area, suggests that bond could be lowered. Finally, the court has the discretion and the power to impose certain conditions on Bell that if breached, could result in is immediate return to jail.

Finally, there are the reports that members of the KKK or neo-Nazis have posted the names and addresses of the six teens on the internet such that if the six aren't convicted, the Klan or the neo-Nazis can mete out their own brand of justice. The nuts come out at night, and the question is what, if anything the police are doing to protect the five that are currently free on bond. Beer or cheap wine decrease inhibitions, and the Klan's system of justice isn't going to include community service. My prayer is that nothing happen to those boys. May our justice system give them the fair trial they deserve, and a just punishment if they're found guilty.

Just keep this in mind

Do you have a Dillard's Department Store in your town? If you do, consider what you may want to do, if anything, in light of Dillard's apparent discriminatory treatment of African-Americans, as outlined in this article.

Of course, the case hasn't yet gone to trial; Dillard's deserves its day in court, and ultimately the plaintiffs' stories may not be believed. However, having experienced false accusations about how I acquired an infant outfit that I attempted to return when it came apart the first time my son wore it, I think the stories of the various individuals may have some credibility. I ultimately was able to return the outfit, which I received as a shower gift, but only after obtaining the receipt from my friend and making a second trip to the store. My own experience was many years ago, but it still leaves a bitter taste in my mouth, and I avoid shopping there.