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August 18, 2020


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A non

"It is our duty to begin to rectify this shocking inequality...Holding this conversation with our students is our responsibility."

No, it isn't. Further, the author's stated "suspicion" about people's opposition is unsupported (and probably unfounded, if not ideologically driven itself). For example, what if one challenges the very notion of "structural racism?" What if one believes oneself to have good reasons to think that class better explains what's going on than race for one of the stated issues?

If the author feels inclined to do anything, then perhaps he can help to advocate for the closure of about half of American law schools. These institutions line their own pockets, and provide their students with grim prospects of procuring viable legal careers. The schools themselves reflect a deeper structural problem with the country. Since there is a class component to place of matriculation, and since class and race are not divided in the United States, then how many visible minority students are you essentially saddling with humongous debt for no good reason, from "the" vantage of "social justice?"


Great idea Prof. Rosenblum! Far too much time in classes is wasted on boring law stuff.

While we're at though, let's have a conservative state legislature mandate a class on the role that a free market economy plays in ensuring democracy and prosperity. They might also include a requirement that students be taught how Communism led to mass murders and starvation in lands like the USSR and Mao's China.

I'm sure that stuffy organizations like AAUP and FIRE will have no problem going along with your idea, along with any other requirements set by our democratically elected officials.


I fondly recall my time at the law school when I learned that our system was one of individual justice; that group justice was inherently nefarious and should be fought against.


How about equality concerning citizenship? Are foreigners treated equal as citizens? Are they nit looked down at especially in the legal profession? This is also racism but it is never expressed.



"Foreigners" are actually treated quite well in the LLM programs, IMFAO.

In the practice of law, when one thinks of "a good trial lawyer" IMFAO, an evil, racist, cis gender, US citizen, white male does not automatically come to mind.

As for mandating inclusion of the hate speech that passes as "woke" discourse these days, I would say: academic freedom should prevail. However, if any professor starts incorporating heinous group libel into a course, then I think sanctions should be considered.

As usual, the "truth" is a defense: but, that truth must be determined fairly and not in some Orwellian world where "unity" means driving your political enemies into the sea.

LawProf John Banzhaf

Yes, there are many racial problems and disparities, but - unlike most professors teaching Math, Physics, Chemistry, Statistics, etc. - we as law professors can do a hell of a lot more than simply teach about it and opine about inclusion.

We can “Sue The Bastards” - i.e., use our legal skills to attack the problems rather than just talk, teach, and write about them. We can walk the walk rather than just talking the talk.

For example, I used legal action to help force TV stations in the largely-Black District of Columbia and then elsewhere to begin featuring, for the first time, on-air reporters who were African American.

Another legal action forced a major airline to stop discriminating against African Americans in hiring pilots, taxi drivers to stop passing by Blacks and then stopping for White who likewise signaled for a cab, stopped a major dance school from refusing to serve Black students, etc.

The author notes that “recent data reveals how people of color are twice as likely to die from COVID-19 than whites.”

Well, in addition to providing far more information and explanation about the problem, I also suggested to lawyers and others with legal standing how they could use this information to provoke change. See, e.g.:

Legal Impact - Natl Urban League Report on Blacks and COVID
Could Trigger Law Suits Over Illegal Disparate Treatment of African Americans

So let’s stop talking and start suing!

A non

"How about equality concerning citizenship? Are foreigners treated equal as citizens? Are they n[o]t looked down at especially in the legal profession? This is also racism but it is never expressed."

Well, if you yourself equate "foreigner" with being of a different race (relative to white???), then aren't you in fact the racist?

Are you saying the law should treat citizens and non-citizens identically, legally speaking, and that not doing so is (because of) racism? That's ridiculous. You can hate the very concept of citizenship, but that's not going to cut it here.

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