Have We Reached the Promised Land?  Diversifying Law Faculties Debra L. Green Presented at University of Missouri-Columbia...
Focus for Today’s Presentation <ul><li>Look at diversity in American law schools at all faculty levels  </li></ul><ul><li>...
Defining “Diversity” <ul><li>For purposes of today’s discussion: </li></ul><ul><ul><li>Focus will be primarily on women an...
What’s the Real World at Your School in Terms of Diversity? <ul><li>How many women and people of color are on your law sch...
Any Indicia of Progress with Diversity? <ul><li>Women in faculty positions </li></ul><ul><ul><li>Women teaching doctrinal ...
Faculty Outside the Doctrinal Arena <ul><ul><li>Women and people of color teaching in legal writing and clinical positions...
People of Color as Decision Makers in Clinics and Legal Writing <ul><li>Of those who filled out 2004 Association of Legal ...
Unconscious Bias as the Root Cause of Slow Progress? Psychologists once believed that only bigoted people used stereotypes...
Cognitive Psychology, Affective Reactions and Unconscious Bias <ul><li>Empirical research done in the social sciences: </l...
Examples of Unconscious Bias Studies <ul><li>“ Group readings” study and results </li></ul><ul><li>“ Immediate hostile rea...
Critical Road Blocks to Diversifying Law Faculties at All Levels <ul><li>If we assume we all have varying degrees of uncon...
Focus with Unconscious Bias in Academia <ul><li>Current work mainly looks at doctrinal faculty and primarily addresses sex...
Displays of Unconscious Bias that Affect Doctrinal Faculty <ul><li>Students– </li></ul><ul><ul><li>Complaints to administr...
When Race, Gender and Status Intersect <ul><li>The impact of unconscious bias becomes more acute with women and people of ...
Does Diversity Matter Outside the Doctrinal Arena? <ul><li>Simple demographics </li></ul><ul><ul><li>Population shift and ...
Strategies for Counteracting Unconscious Bias The first step to recovery is acknowledgment. Alcoholics Anonymous
Hiring Strategies <ul><li>Hiring </li></ul><ul><ul><li>Commitment must come from the top and have sufficient faculty buy-i...
Strategies with Retention, Promotion and Tenure <ul><li>Expect acculturation, rather than assimilation. </li></ul><ul><ul>...
The Power of One. . . .
Upcoming SlideShare
Loading in …5
×

Diversifying Law Faculties

549 views

Published on

preented at University of Missouri-Columbia School of Law as part of its faculty development program

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
549
On SlideShare
0
From Embeds
0
Number of Embeds
8
Actions
Shares
0
Downloads
4
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide
  • Trends with doctrinal professors: 1. Absolute numbers as well as the proportion of minority law professors hired decreased in 1996-1997 from 1990-1991. In the first cohort (1990-1991), 125 minority professors were hired, about 30% of the new tenure-track law professors, while in the second cohort (1996-1997), there were only 47 minorities, less than 25% of those hired. In effect minority candidates for faculty positions bore a disproportionate share of the decrease in hiring slots, since their proportion as well as their absolute numbers decreased.” (Report of AALS Committee on Recruitment and Retention of Minority Law Teachers) White women law faculty teaching doctrinal courses : “The gender gap in tenure rates among white professors is diminishing significantly. . . The data show a marked improvement in the tenure rate of women, as compared to men over time.” While the data for the 1990-1991 cohort showed a statistically significant gap with gender in terms of tenure rates, “for the 1996-97 cohort, seven year data shows the gender gap virtually disappearing, with white men being tenured at only a two percent higher rate than white women. Over time, then, the gender gap in rates of promotion to tenure appears to be closing.” With faculty of color in doctrinal courses : Numbers hired overall Promotion and tenure rates : According to the report, “The racial gap in tenure rates has increased to distressing proportions.” Among those hired in the 1990-91 cohort, “74% of law professors were awarded tenure by year seven, as compared to 60% of people of color.” For the later cohort, 73% of white law professors received tenure by year eight, while only 47% of people of color received tenure.
  • We appear to be doing at least as good a job as our doctrinal colleagues when it comes to overall hiring, but that doesn’t appear to be the case when it comes to directors’ positions. With clinicians: “Although by 1998-99, virtually every ABA accredited law school had some course known as a ‘clinic’ and thus some clinical faculty, 110 (69%) of all law schools have no clinicians of color on the faculty, 41 (25.5%) have only one, and only 9 (5.5%) have reported more than one clinicians of color. Thus, while one might debate the significance of the progress and continuous movement toward diversity in clinical legal education, one cannot serius suggest that we have even minimally transcended basic diversity access issues when nearly 70% of all law schools still have no clinicians of color.” 51 Hastings L.J. 445, 450-51. “ Preliminary data on the second generatoin issues of advancement, job security, and pay reflect disparities, particularly with respect to women of color. For example, only approximately 7 of the 159 (4.5%) clinical directors outside of the minority operated law schools are persons of color. While it might be premature to ascribe an impenetrable ‘glass ceiling’ designation to the racial disparity on advancement into these directorship positions, these figures are significant since clinical directors often set clinical policy and prerogatives, make curricular decisions, assign workload responsibilities, and determine or substantially influence clinical hiring and retention decisions. They also typically enjoy greater compensation and perquisites than other clinical faculty.” 51 Hastings L.J. 445, 451.
  • Go to the clip from CRASH here
  • Tests are often subliminal and measure how people react to stimuli when not consciously aware
  • John Bargh, social psychologist at NYU conducted a study to measure whether stereotypes could be triggered by a slight interaction or encounter. “An experiment conducted by Bargh required a group of white participants to perform a tedious computer task. While performing the task, some of the participants were subliminally exposted to pictures of African Americans with neutral expressions. When the subjects were then asked to do the task over again, the ones who had been exposed to the faces reacted with more hostility to the request—because, Bargh believes, they were responding in kind to the hostility which is part of the African American stereotype.”
  • Richard Delgado article saying that to be a good role model, one must assimilate.
  • Current literature Mainly addresses women in LRW and status issues related to lower pay Very limited work addresses clinicians of color, and it doesn’t address squarely unconscious bias No work addresses people of color in LRW, a phenomenon that has occurred only over the last 12 years
  • Diversifying Law Faculties

    1. 1. Have We Reached the Promised Land? Diversifying Law Faculties Debra L. Green Presented at University of Missouri-Columbia School of Law
    2. 2. Focus for Today’s Presentation <ul><li>Look at diversity in American law schools at all faculty levels </li></ul><ul><li>Examine how unconscious bias—particularly in terms of race, gender and status—may negatively affect our ability to diversify </li></ul><ul><li>Explore strategies that may help turn the tide and counteract the impact of unconscious bias on hiring, promotion, retention and tenure </li></ul>
    3. 3. Defining “Diversity” <ul><li>For purposes of today’s discussion: </li></ul><ul><ul><li>Focus will be primarily on women and racially identifiable groups that have historically been disadvantaged. </li></ul></ul><ul><ul><li>The same principles should apply to other diverse groups, i.e., the disabled, older workers, gays and lesbians, recent immigrants, etc. </li></ul></ul><ul><ul><li>Focus will also be on looking at diversity not only in terms of doctrinal faculty but also in terms of clinicians and legal writing faculty </li></ul></ul>
    4. 4. What’s the Real World at Your School in Terms of Diversity? <ul><li>How many women and people of color are on your law school’s: </li></ul><ul><ul><li>Doctrinal faculty? </li></ul></ul><ul><ul><li>Clinical faculty? </li></ul></ul><ul><ul><li>LRW faculty? </li></ul></ul><ul><li>What’s the status for those in each group—who’s tenured, tenure-track, or on long-term contracts in terms of: </li></ul><ul><ul><li>Doctrinal faculty? </li></ul></ul><ul><ul><li>Clinical faculty? </li></ul></ul><ul><ul><li>LRW faculty? </li></ul></ul>
    5. 5. Any Indicia of Progress with Diversity? <ul><li>Women in faculty positions </li></ul><ul><ul><li>Women teaching doctrinal courses : gaps with promotion and tenure for white women seem to be closing </li></ul></ul><ul><li>People of color in faculty positions </li></ul><ul><ul><li>African Americans, Latinos, and Asians teaching doctrinal courses : statistically significant lower rates with promotion and tenure compared to whites and a seeming downward trend in hiring by law schools </li></ul></ul><ul><ul><ul><li>Absolute numbers and the proportion of people of color decreased </li></ul></ul></ul><ul><ul><ul><li>Proportion of people of color awarded tenure decreased </li></ul></ul></ul>
    6. 6. Faculty Outside the Doctrinal Arena <ul><ul><li>Women and people of color teaching in legal writing and clinical positionsl </li></ul></ul><ul><ul><ul><li>Legal writing—65-70% female </li></ul></ul></ul><ul><ul><ul><ul><li>Significant number of positions have no job security comparable to tenure </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Significant pay differential </li></ul></ul></ul></ul><ul><ul><ul><li>Clinical faculty—has status similar to tenure with 405(c) but usually a significant pay differential </li></ul></ul></ul>
    7. 7. People of Color as Decision Makers in Clinics and Legal Writing <ul><li>Of those who filled out 2004 Association of Legal Writing Directors (ALWD) survey: </li></ul><ul><ul><li>160 of those were white </li></ul></ul><ul><ul><li>3 African American </li></ul></ul><ul><ul><li>1 Latino, 1 Asian American, 1 other. </li></ul></ul><ul><li>The numbers appear to be tending downward: </li></ul><ul><ul><li>4 African Americans in 2002, 5 in 2003, 3 in 2004, </li></ul></ul><ul><ul><li>2 Latinos in 2002, 1 in 2003 and 2004, </li></ul></ul><ul><ul><li>2 Asian Americans in 2001, then only 1 for 2002-2004. </li></ul></ul><ul><li>Clinicians have similar low numbers when it comes to those in decision-making positions </li></ul><ul><ul><li>“ [T]he vast majority of law schools have no clinicians of color, there are virtually no policy setting clinical directors of color outside of the historically Black or Puerto Rican law schools, and clinicians of color generally experience lesser job security, lower pay and lesser job perquisites than white clinical faculty.” (article by Jon Durbin) </li></ul></ul>
    8. 8. Unconscious Bias as the Root Cause of Slow Progress? Psychologists once believed that only bigoted people used stereotypes. Now the study of unconscious bias is revealing the unsettling truth: We all use stereotypes, all the time, without knowing it. We have met the enemy of equality, and the enemy is us . article from Psychology Today
    9. 9. Cognitive Psychology, Affective Reactions and Unconscious Bias <ul><li>Empirical research done in the social sciences: </li></ul><ul><ul><li>Tests given to participants in various settings. </li></ul></ul><ul><ul><li>Pervasive Implicit Bias: “Socially dominant groups have implicit bias against subordinate groups (White over non-White, for example). . . Almost a hundred studies have documented people’s tendency to automatically associate positive characteristics with their ingroups more easily than with outgroups. . . as well as their tendency to associate negative characteristics with outgroups more easily than ingroups.” (article by Jerry Kang) </li></ul></ul><ul><ul><li>This implicit/unconscious preferencing occurred even when people consciously tried to limit group preferencing </li></ul></ul>
    10. 10. Examples of Unconscious Bias Studies <ul><li>“ Group readings” study and results </li></ul><ul><li>“ Immediate hostile reaction” study and results </li></ul><ul><li>Implicit Association Test at Harvard ( https://implicit.harvard.edu/implicit ) </li></ul><ul><ul><li>Tests developed to identify hidden bias in terms of race, gender, age, sexual orientation </li></ul></ul>
    11. 11. Critical Road Blocks to Diversifying Law Faculties at All Levels <ul><li>If we assume we all have varying degrees of unconscious bias, then bias likely affects law faculties and their decisions about hiring, promotion, retention and tenure, specifically with regard to: </li></ul><ul><ul><li>Race </li></ul></ul><ul><ul><li>Gender </li></ul></ul><ul><ul><li>Status </li></ul></ul>
    12. 12. Focus with Unconscious Bias in Academia <ul><li>Current work mainly looks at doctrinal faculty and primarily addresses sex, race and gender issues (as opposed to the intersection of race, gender and status) </li></ul><ul><li>What those works indicate: </li></ul><ul><ul><li>Unconscious bias and stereotyping are particularly problematic when it comes to three constituencies: </li></ul></ul><ul><ul><ul><li>Students </li></ul></ul></ul><ul><ul><ul><li>Administration </li></ul></ul></ul><ul><ul><ul><li>Other faculty </li></ul></ul></ul>
    13. 13. Displays of Unconscious Bias that Affect Doctrinal Faculty <ul><li>Students– </li></ul><ul><ul><li>Complaints to administration, excessively negative evaluations, challenges to authority and classroom management </li></ul></ul><ul><ul><li>Stereotyping of women, people of color </li></ul></ul><ul><ul><li>Challenges by majority students about credentials, appearance, authority, evaluative methods used with students </li></ul></ul><ul><li>Colleagues and administration– </li></ul><ul><ul><li>Overburdening faculty with “academic housekeeping” </li></ul></ul><ul><ul><li>Stereotyping </li></ul></ul><ul><ul><li>Undermining comments to students and other faculty </li></ul></ul><ul><ul><li>Belief African Americans and other people of color are hypersensitive or have illegitimate concerns about stereotyping and bias </li></ul></ul><ul><ul><li>Unconscious desire for assimilation in order to be retained and share the benefits of tenure </li></ul></ul>
    14. 14. When Race, Gender and Status Intersect <ul><li>The impact of unconscious bias becomes more acute with women and people of color teaching LWR and other skills related courses because they’re typically the most vulnerable in terms of: </li></ul><ul><ul><li>Students </li></ul></ul><ul><ul><li>Administration </li></ul></ul><ul><ul><ul><li>Academic housekeeping </li></ul></ul></ul><ul><ul><li>Doctrinal faculty </li></ul></ul>
    15. 15. Does Diversity Matter Outside the Doctrinal Arena? <ul><li>Simple demographics </li></ul><ul><ul><li>Population shift and shift in the work force = more diversity with clients and future attorneys </li></ul></ul><ul><ul><li>Certain areas of the country are already experiencing the change in demographics </li></ul></ul><ul><li>Skills courses like LRW and clinics: </li></ul><ul><ul><li>Are taught on a more intimate student-teacher basis </li></ul></ul><ul><ul><li>Resemble the type of supervisory relationship that imitates the training and feedback a young lawyer would receive from a more senior attorney on his or her work </li></ul></ul><ul><li>Critical to have women and people of color acting in a mentoring/supervisory role for students in a world that’s becoming increasingly global and multicultural </li></ul>
    16. 16. Strategies for Counteracting Unconscious Bias The first step to recovery is acknowledgment. Alcoholics Anonymous
    17. 17. Hiring Strategies <ul><li>Hiring </li></ul><ul><ul><li>Commitment must come from the top and have sufficient faculty buy-in for the process to work. </li></ul></ul><ul><ul><li>Rethink the traditional definition of “merit.” </li></ul></ul><ul><ul><li>If hiring a lateral from another school, consider the weight student evaluations should play in the hiring process. </li></ul></ul><ul><ul><li>Go outside the AALS pool for hiring. </li></ul></ul><ul><ul><ul><li>Cultivate potential candidates by targeting top students in law school </li></ul></ul></ul><ul><ul><ul><li>“ Raid” LLM programs for graduate students </li></ul></ul></ul><ul><ul><ul><li>Find associates of color at top firms in the area and cultivate them </li></ul></ul></ul><ul><li>Think about diversifying when hiring for clinical and LRW positions </li></ul><ul><li>Other strategies? </li></ul>
    18. 18. Strategies with Retention, Promotion and Tenure <ul><li>Expect acculturation, rather than assimilation. </li></ul><ul><ul><li>Behavior and appearance </li></ul></ul><ul><ul><li>Types of scholarship produced </li></ul></ul><ul><li>Reevaluate the role of student evaluations for all faculty. </li></ul><ul><li>Consider the impact of unconscious bias and stereotyping when hearing student complaints or complaints by other faculty. </li></ul><ul><li>With academic housekeeping matters, be aware that “the few” may be overburdened with serving the needs of “the many,” and take steps to lessen the load. </li></ul><ul><li>Diversification with legal writing and clinical faculty will require better parity in terms of pay and status. </li></ul><ul><li>Other strategies? </li></ul>
    19. 19. The Power of One. . . .

    ×