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MILLENNIUM SHOWDOWN FOR PUBLIC INTEREST LAW 3
For public interest lawyers who chose to walk out a commitment to public
service with integrity in the hallowed halls of academia, it is critical that the record
of that service demonstrate more objective and less equivocal progression
toward justice for those under-represented and unequally served in institutions of
higher education. The quest for equality must be directed at solving problems,
eliminating inequality instead of preserving white entitlement. Public interest
lawyers must confront their resistance to serve the truly disenfranchised. 7 To the
extent that the opportunistic seek to' benefit from the larger society's fear of
change, the community of public interest advocates must provide less effective
cover and protection for such colleagues. 8 Heightened vigilance is required when
the judiciary distracts or endeavors to redirect or redefine the nature of the injustice
and appropriate remedies. 9 The public interest legal community is uniquely
situated to gather data, undertake research, and discredit efforts to undermine
genuine equality. to For law school faculties and administrators, an initial discussion
would implicate the overdue discussion of race and the development of
guidelines to foster racially equitable hiring processes and student admission programs
that typically elude institutional consideration. Communities of color must
be given the respect and control that is required to reflect their own vision and
reality consistent with community values and thought about their own destiny. 11
This paper proposes to examine the nature of public interest accountability for
equal access to education. The deeds of individuals are the scope of this article
and not the Supreme Court's latest affirmative action decision in Gruffer v. Bollinger,
123 S. Ct. 2325, 2003 U.S. LEXIS 4800 (2003) or its attendant implications.
Part I will explore the history of African American access to higher education as
a component of the civil rights movement. Part II will explore the origins of public
interest law and its current status. Part III will focus on the dissonance between
public interest law and equal access for racial minorities. It will address
racial equality as an objective public good essential to the survival of the American
dream. Because the mission of HBCUs has heightened significance in light of
changing political realities, some attention will also be given to the status of
HBCUs. Part IV will discuss the costs of change, resisting it and providing active
support. Also this section will propose strategies to clarify goals and ensure the
cultivation of justice friendly advocates and the preservation of educational access.
Part V will summarize the discussion and invite a new level of public interest
law involvement.
7 Julius L. Chambers, Beyond Affirmative Action, 27 CAP. U. L. REV. 1,9-13 (1998).
8 [d.
9 [d.
10 [d. at 11.
11 [d.at 12-13.