Confronting Racism

Plessy_markerIn Plessy v. Ferguson, Justice John Marshall Harlan wrote “[o]ur constitution is color-blind, and neither knows nor tolerates classes among citizens.” [1] Today, most people might say they too are color-blind. However, race relations have been prevalent in the news as of late because the state of racism in America has mutated. Racism is rarely as bold as the cross burnings of yore, but no less insidious. [2]

Because racism is different, our understanding of our inherent biases must also become different. I believe the modern definition of racism has shifted. I define racism as taking a negative action towards someone, whether explicitly or implicitly, on account of their race. This means that people can take racist actions without being aware that they are doing so.[3] We can no longer oversimplify racism, and instead need to confront it within ourselves and as a community.

As a country, we need to do a better job confronting racism. A plethora of high profile incidents, involving police brutality and campus outrage, have given us another opportunity to confront our inherent biases. Unfortunately, too many “color-blind” people have not heeded the second part of Justice Harlan’s dissent and have instead tolerated or even justified the systemic mistreatment of classes of citizens. [4]

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Atticus Finch Revisited

Atticus_and_Tom_Robinson_in_courtHarper Lee’s Go Set a Watchman has an undeniably odd publication history. Ms. Lee wrote the novel in the 1950s, well before she wrote and published her beloved To Kill a Mockingbird. When she finally agreed to publish Go Set a Watchman in 2015, it registered on critics and readers as a sequel of sorts for To Kill a Mockingbird.

Go Set a Watchman involves the moving rebuilding of a parent-child relationship after the child has lost respect for the parent, and this account deserves contemplation and reflection. However, the novel as a whole is only mediocre. Furthermore, many readers will be shocked and disappointed by the novel’s suggestion that Atticus Finch is not the heroic man they thought he was.

In particular, Finch is hardly a staunch defender of civil rights for the people he calls “Negroes.” He tells his daughter Jean Louise, who was known as Scout as a young girl, “Negroes down here are still in their childhood as a people.” He also reveals he is taking the case of an African American defendant so that the case does not fall into the hands of NAACP lawyers. In Finch’s opinion, the latter are too eagerly seeking cases they can rush into the federal courts.

If Finch is not the champion of civil rights people took him to be in To Kill a Mockingbird, his attitude about the law has supposedly remained consistent. Uncle Jack Finch tells Jean Louise: “The law is what Atticus lives by. He’ll do his best to prevent somebody beating up somebody else, and then he’ll turn around and try to stop the Federal Government if it is breaking the law . . . . [B]ut remember this, he’ll always do it by the letter of the law. That’s the way he lives.”

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2Ls: Now What?

Some 2Ls reading this post are set. They did well in their first year. They went through OCIs and aced their interviews. They were invited for callbacks and were unfailingly charming and polite. They have jobs for next summer, with the prospect of jobs for after graduation. Congratulations to them.

But what about the 2Ls who came out of OCIs with zilch and are wondering what the heck they are supposed to do now? First, don’t panic. I found myself in precisely that situation four years ago, and worked into a great job with a great firm. Whatever your anxiety level (and I remember mine being sky high) you still do have opportunities. Second, don’t be passive about your job search. Sitting around waiting for the jobs to appear on a jobs board is a recipe for disappointment. Here are three active things you can do to improve your chances of success:

1. Get Outside The Building

I cannot overstate the importance of getting away from the law school. While academic accomplishment is necessary, it is not sufficient. Employers, especially small and mid-sized ones, are looking for lawyers who can provide value from day one. The best way to show that you can provide that value is to have done real legal work already. Getting a job as a new attorney is a lot like knocking on somebody’s door and asking them to pay for the privilege of training you. Get some of that training out of the way while you’re in school and you will be a step ahead.

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