Racism in Law School 101: A Crash Course

I hate to be the bearer of bad news. However, as RACE remains a major issue in just about every facet of American life, racism has managed to remain in our nation’s law schools. As a law student, I did not expect to experience racism. It was very confusing and painful for me, especially so since I attended a predominantly and historically Black undergraduate university (HBCU). I had not attended a predominantly White school since my junior high years – I guess I forgot the “race rules.” Therefore, my expectations were very idealistic. I expected liberal classmates who firmly held onto the ideals of justice, fairness, equality and equity. Ooops, I was wrong, or rather, I learned quickly that people have different definitions of and beliefs of what justice, fairness, equality and equity mean.

During my law school years, I made a lot of mistakes when it came to the race issue. That mistake was spending a great deal of time and emotional energy trying to figure out WHY I was experiencing the racism that I was experiencing. Was I really experiencing these things? Was it just me? Was it all in my mind? Was being Black really an issue? Was I being too sensitive? Was there something wrong with me as a person? Why did I feel like people had preconceptions of me and like I was viewed negatively?

I also spent a lot of time trying to figure out WHAT I could do to change the racist perceptions of some of my classmates and HOW I could do or say something to change what I viewed as what could sometimes be a hostile law school environment for a person of color. There were lots of little things that happened to me (and were reported from others) that built up and caused a great deal of frustration.

As a law student, there are things that occurred that particularly affected me as a Black person, an African American, a person of color. There were instances where things happened and ways in which I was treated that I believe were directly related to my race and the fact that I am what I am – an African American. (Please understand that I did not want to believe that my race mattered, but it did and does.) I witnessed students making racist comments in my classes and I heard of various incidents where students and others made such comments. I experienced not being included in activities such as study sessions, parties and get togethers. (Maybe I wasn’t friendly enough or maybe I just wasn’t smart enough.) I was given the wrong information or not told about things the professor asked students to pass along that other class members were made aware of. (Maybe it was unintentional or some type of miscommunication.) There were situations in which fellow students seemed to expect me to answer for the entire Black race, particularly problems within the Black race. (Oh, well I guess it may be fair for me as one Black person to act as spokesperson and answer all of your inquiries about why so many Blacks are in prison or domestic violence in the Black community, etc. After all, I must know all the Black people in America and can answer for their actions.) I admit that many times I did not perform well during the Socratic method of cold-calling on students to answer questions. There were times when I had no idea of what in the world I was talking about. However, there were many instances where I did do extremely well in this exercise of thinking on one’s feet during a professor’s questioning in front of a room full of students. Despite how well I performed in some courses, I still was not treated as an equal or in a respectful manner.

There were instances where I wondered if I did not perform as well as I would have liked during the Socratic method questioning whether that reinforced some people’s stereotypes about the intellectual ability of Blacks. Some fellow law students would ask me questions about Black people that were inappropriate (Are Black men really like that in bed? Making reference to the intimate scenes in the film Waiting to Exhale) or would say negative things about specific Black people or things, or controversial issues such as affirmative action and expect me to respond or respond in a certain way. (Well, Blacks should know the answer to these questions and we do all think alike so that may have been reasonable.) Some majority law students would speak to me and even have a long and engaging conversation with me one day and not know me on the next day. (Well, maybe those people just had bad days.) Some law students would step on my feet, or brush up against me without the common courtesy of saying a simple “sorry” or “excuse me.” (Maybe they didn’t see me. Exactly.) When there were instances in which students had to work together as pairs or teams, my partner or a person on the team would avoid working with me or other Black law students. (Well, it’s natural for people to want to work with their friends or someone they think they’ll feel comfortable with and have something in common with. How could I expect for them to think that they could feel comfortable or have anything in common with me?)

Going into law school, I honestly did not feel that race would be an issue. I did not go in expecting it. I naively thought that at that educational level and at a law school these things would not and should not be issues. When I experienced it, I did not understand it. That’s why I can’t expect White people who don’t experience it to understand it. Their blank expressions of disbelief when students of color express the hurt and pain of such experiences make sense to me. (How can one truly understand what one has not experienced if it is not a part of your reality?) I spoke to many other law students at my institution and at other law schools and realized that I was not alone. After having left, I realize that it had been a big issue that shaped my experience in a number of ways from the very beginning.

These types of occurrences may not seem like a big deal to some people. You may have experienced such things and have become immune to them. You have probably already acquired an understanding of the “race rules.” A few law school classmates told me that although they had attended predominantly White undergraduate institutions, they had never experienced the type of hostility that they encountered in the law school environment. You may be shocked that these types of things have occurred and still occur. They can be little things, but several incidents of the same types of things can have a MAJOR impact on the experience of an African American law student. Law school itself is difficult enough without these added burdens, but it is our reality. These things had a major impact on me and many others. As a law student of African descent, you should be aware that it is very possible that you may have these types of experiences as well. Understand that although it exists everywhere, every institution is different and it may exist in various forms and degrees at different schools.

I would like to offer just a few suggestions on coping with RACISM in law school. Read them, think about them, and remember that – you cannot control the racist perceptions of others, but you can control how you react to them!!!

1. You will more than likely experience racism in some way, shape or form during your three to four years in law school. Expect it. Racism was constructed to maintain a social caste system whereby Whites were at the top and Blacks and Native Americans/American Indians were at the bottom since the beginning of Western colonization in what we now consider the United States of America. Racism has been and continues to be very much a fact of life in American society. There are few, if any, people or institutions that are not somehow affected by racism. You may be puzzled that such well-educated and intelligent colleagues could be so clueless when it comes to issues involving race. You may not understand how people could resent your presence. You may not be able to comprehend how some people cannot see any logical link between the history of African Americans in this country and their current socio-economic status. You may find it frustrating when people adamantly argue that ALL Americans have the SAME educational opportunities and chances for success and refuse to believe differently. Understand and be aware that you will confront these types of things. Try not to be caught off guard, shocked and surprised. Just be prepared.

2. Do not allow the fact that others may react negatively to you based on your race stop you from doing anything you want within the law school. If there is something you want to do, go for it. If there is a party you want to attend, go. If you want to try out for the moot court team, try out. If you want to join a legal fraternity, join. If you want to study abroad, go abroad. Do not let the fact that others may not treat you the way you feel you deserve to be treated hinder you. The impact of repeated incidents of racism on a Black person can be emotionally draining, confusing and at times debilitating. However, try to remain strong. If you allow it to stop you, you are the only one to blame. Remember that there will always be people – Black, White and from other racial and ethnic groups – who will doubt your abilities, may try to discourage you from fulfilling your goals, or will look down on you. Despite this, persevere.

3. When you are treated negatively, hear a racial slur, or are somehow confronted with less than positive treatment because of your race, try NOT to react based on your emotions. The truth is that you have every right in the world to be human -to feel hurt, angry, disappointed and frustrated by such experiences. However, if you react based on your emotions, you may later regret it and not get the result you were hoping for. When and if you decide to address or confront someone with their own racism, be certain to ask yourself whether or not it is really worth it. It may or not be. This is a personal decision. I personally found that if I spent my time and energy addressing what every person said or did that I found objectionable, I would not have had time to focus on what was most important – obtaining my legal education. When something happens, try to think about it in a reasonable and logical way and react accordingly. This may be the best way to be heard, and hopefully understood. You may choose to not react at all. Some people actually want you to lose control of your emotions, lose your temper and tell them off. Do not let people know that they are getting to you. If you do, you are giving them power over you. Don’t do this.

4. Speak up and act! Form a committee, if one does not already exist within your law school or your Black law students organization, in which students can submit their documented experiences with racism and other forms of discrimination within the law school environment. Draft a report along with the submissions and give them to your law school dean. It is your responsibility to let them know what is going on in the law school. Don’t just tell them, put it in writing. If you do not present it in a formal way and they fail to really do anything to at least address these issues, they can always fall back on the excuse that they did not know what was happening. By presenting these things, you have done your part in bringing such incidents to their attention. You should also list suggestions for what the administration could do to make the situation at your school better.

5. Request that your law school take measures to make the law school more inclusive for all students and less hostile for minority group members in different ways. One way you can do this is to ask your law school to offer courses or more courses in areas that deal with racism and American law (critical race theory), civil rights and other related issues. You can also request that they sponsor workshops, seminars and guest speakers, or provide educational materials on issues such as affirmative action, the historical significance of race, diversity awareness and training during orientation and follow-up, etc.

6. Remember that at the end of the day, what matters is that you get the very best legal education that you possibly can during the three or four years of your law school career. Go in understanding that you will have to deal with all types of people. These people will have different types of viewpoints, experiences, worldviews, realities – and prejudices. Some may have very little tolerance for your presence, may resent you and may fail to treat you as an equal colleague based solely on something you can never change – your race. Just swallow it and move on. You will have to deal with these types of people inside and outside of law school, those in various positions, even working below you, whether you work inside of or outside of the legal profession, in many settings throughout your entire lifetime. That’s just the way it is, but hopefully it won’t always be this way. Deal with it the best way that you can. Do NOT pretend that it is all in your head and that you are not experiencing what you are experiencing. Do not practice denial. Of course these things are going to affect you, you are a human being. Acknowledge it. Talk about it with others who are experiencing the same things. Have your venting sessions. . . And instead of allowing it to hold you back, use it as AMMUNITION to prove the non-believers and the naysayers wrong and to show the world what you have to offer!!! Achieve DESPITE all of the negativity and racism you will face!
   ARTICLES TO READ:
   These articles can be found in legal journals.  You may be able to find
   these articles on the Internet and should be able to locate them at your
   local law library.Law School, Legal Education, and the Black Law Student. 12 Thurgood Marshall
   Law Review 457 (1987).

   Foreward: Toward a Race-Conscious Pedagogy in Legal Education.  11 National
   Black Law Journal.  1, 11-12 (1989).

   Misperceptions Which Operate As Barriers to the Education of Minority Law
   Students.  20 University of San Francisco Law Review 5531 (Spring 1986).

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