Legal Challenges to Race-Based Scholarships in Wisconsin

Since the early 2000s, the validity of the use of race in many scholarship applications has been questioned. States have been left rolling in a deep pool of uncertainty regarding what to do. Race-based scholarship programs have provided invaluable aid to minority students seeking to obtain a higher education. Without these programs, many qualified minority students would be unable to attend higher-learning institutions. As a result, the institution would be denied a diverse learning community and many valuable students would have to prematurely abandon their education goals.

Each scholarship serves its own purpose. There are scholarships that are offered to people of certain religious background. Others focus on providing economic aid to students who are pursuing certain degrees – such as engineering, medicine, or law. The purpose of race-based grants or scholarships is to increase the number of diverse students for the benefit of each institution. This purpose has been challenged by complaints alleging that race-based scholarships only further race discrimination.

The Supreme Court has established precedent regarding this debate. The Court held that when applying rights found in the Equal Protection Clause of the Fourteenth Amendment regarding this matter, a society is a collection of “knowing individuals” who are seen as autonomous and independent, and thus should be treated as individuals without regard to race. The Court further stated that when a program acknowledges individuals as being part of a group or classification, the program should be strictly scrutinized. Gratz v. Bollinger, 539 U.S. 244 (2003); Grutter v. Bollinger, 539 U.S. 306 (2003).

As one commentator has noted, “[t]o pass strict scrutiny review, a race-conscious program must first have a compelling state interest. Diversity is the compelling interest most often used to defend affirmative action.” Andrija Samardzich, Note, Protecting Race-Exclusive Scholarships from Extinction with an Alternative Compelling State Interest, 81 Ind. L.J. 1121, 1124 (2006). In Grutter v. Bollinger, 539 U.S. 306 (2003), Justice O’Connor stated:

The Law School’s interest is not simply ‘to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin.’ That would amount to outright racial balancing, which is patently unconstitutional. Rather, the Law School’s concept of critical mass is defined by reference to the educational benefits that diversity is designed to produce.

Grutter, 539 U.S. at 330.

In recent months, this debate has hit close to home.

Continue ReadingLegal Challenges to Race-Based Scholarships in Wisconsin

Tastemaker Spotlight: Interview with Isioma Nwabuzor, the DREAMer Next Door

I recently had the privilege of interviewing an incredible colleague — and friend — Isioma Nwabuzor. This intelligent, passionate, and compassionate woman has served as a role model for many youth of color in the Milwaukee’s legal and social communities.  Please enjoy her thoughts and insight into the good work she is doing for our city and for the future of the legal profession.

Tell us a little about yourself.

My name is Isioma Nwabuzor and I am a transactional attorney at Baird. I am originally from Nigeria, West Africa, but was raised and lived in Milwaukee for as long as I can remember. I am a member of several professional and/or service organizations, including Rotary International, Alpha Kappa Alpha Sorority, Inc., and the Association of Corporate Counsel.

How has your journey to and through the legal profession been influenced by your life and roots?

My maternal grandfather was a high-court judge in the country of Nigeria. I come from a long line of attorneys on my mother’s side, so my family always jokes that my inclination towards a career in the legal profession is hereditary. However, from a different facet, all that I am motivates me to give a voice to the voiceless. My experiences as a member of several minority demographics (I’m a Black woman and an immigrant) has inspired a passion and fight in me that, I believe, lends itself well to adversarial careers, such as the legal profession.

Tell us about Dreamer Next Door, your new 501(c)(3).

The DREAMer Next Door, Incorporated is a non-profit organization that was borne from my TEDx Talk of the same name.

Continue ReadingTastemaker Spotlight: Interview with Isioma Nwabuzor, the DREAMer Next Door

In Support of the Humanities

The seal of the National Endowment for the Humanities showing an eagle holding both arrows and an olive branch in its claws.Given the Trump Administration’s denunciations of various Americans and numerous manufactured crises, we might easily overlook its attack on the humanities.  For the third consecutive year, the Trump Administration has proposed closing down the National Endowment for the Humanities.  It has also proposed major cuts for the National Archives Administration and the complete elimination of the National Historical Publications and Records Commission.

The justifications for these kinds of cuts are predictable.  The endangered programs are said to be too costly, although the projected savings of only $28 million for National Endowment grants is not even a drop in the bucket compared to military and defense spending.  More generally, supporters of the cuts are prepared to echo the public’s growing skepticism about the value of the humanities, particularly because they purportedly do not result in marketable skills.

What we really need, some might insist, is more funding for STEM programs or, at least, a greater commitment to programs that develop roll-up-your-sleeves practical approaches to problem-solving.  These are the types of programs, it is claimed, that best prepare people for life and especially for work and employment in the context of the proverbial market economy.

Holding to the side the fact that STEM and skills funding already greatly exceed grants for teaching and research in the humanities, denigrators of the humanities overlook what might be gained from teaching and learning in such disciplines as art, classics, foreign languages, history, literature, music, philosophy, and religion.  Each of these disciplines in its own way invites us to reflect on the most fundamental of questions:  What does it mean to be human?

Continue ReadingIn Support of the Humanities