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MILLENNIUM SHOWDOWN FOR PUBLIC INTEREST LAW 19 ation was 17.9 percent. 148 White student graduation was 34 percent for that period. 149 For Blacks, law school enrollment increased from 1 percent in 1960 to 7.5 percent in 1995. 150 Educational gaps between white and non-white students began to rise in the early 1990s. 151 Institutionalized racism as reflected in unequal access to education is self-replicating. 152 Disrupting this life cycle and dismantling the systems providing lifesupport to white privilege involve a strategic broad-band approach. Institutions productively engaged in destabilizing racial inequality rely on a variety of strategies involving the potential applicants and the institution. 153 These strategies emerge from the belief that comprehensive planning, outreach, and attention to supporting student development are essential to maintaining genuine equality of access. 154 Equality of access involves more than an offer of admission. 155 Enrollment strategies must increase the opportunity for Blacks and other people of color to access and graduate from universities and professional schools. They must address student finances and the cost of education. The quality of student life and the cultivation of competitive employment opportunities are essential to perpetuating a balanced system of educational and life opportunity for nonwhites. Quality admission programs addressing these concerns have contributed to the presence of racial minorities in colleges and universities nationwide. 156 Racial minorities continue to be under-represented in institutions of higher education and because of the erratic nature of minority enrollment, matriculation, and graduation, stronger effort is required. 157 This is exacerbated by the failure of the public interest legal community to wage consistent, aggressive war on this important front. Because racism violates every aspect of American life, strategic battle should be waged on several levels throughout the public interest community. While benign rhetoric extolling the value of a colorblind society is valiantly exhibited as proof of fellowship in a distinctive club, optimal advantage has yet to be taken of the instrumentalities and resources under the control and influence of the public interest community. There is, at best, only tepid effort to weaken and purge policies and practices that 148 Orfield and Whitla, supra note 144. 149 [d. 150 [d. 151 Catherine L. Horn and Stella M. Flores, Percent Plans in College Admission: A Comparative Analysis of Three States' Experiences, available at http://www.civilrightsproject.harvard.edu (last visited June 16,2003). 152 [d. 153 [d. 154 [d. 155 [d. 156 Horn and Flores, supra note 151. 157 [d.
20 THE UNIVERSITY OF THE DISTRIcr OF COLUMBIA LAW REVIEW afford unqualified privilege to whites. 158 A more progressive routine requires a functional analysis of how to achieve this end in varied settings. 159 That analysis involves an exploration of values, attitudes, conduct, and speech. The values, information and experiences organized as competent educations do little to challenge and replace the basic tenet of a white privileged American consciousness. White upper class bias permeates higher education. 16o While Brown appeared to sound a victory for racial justice and the end to white privilege and supremacy, it did nothing to the real taproot of inequality and subordination, the "expectation of whites. ,,161 By any other name, the heart of white supremacy, e.g. white expectation, is alive and potent today.162 White expectancy entails the belief that equality will have no effect on the experience of whites at all. It precludes the consideration and recognition that the appropriate incorporation of others, non-whites, fairly alters the participation or access of whites. In this altered way of thinking, limitation on white access is unconstitutional even if it results in a perspective, workforce, student body devoid of non-white influence. While the reality portrayed in the above characterization would be quickly rejected as an institutional or individual philosophy, one has only to examine the objective reality to determine whether white expectancy to dominate overwrites and perverts mission statements and policies that suggest contrary orientation. The value and respect afforded non-white people, attitudes, perspectives, and sensibilities are best reflected in the willingness to set-aside friendship, personal comfort, and changes in the power dynamic to achieve and experience balance. From the very beginning of slavery in America, whites extolled the virtue of freedom while denying Native Americans and then African slaves all semblances of the American dream. As formal governance structure and philosophy evolved, the dichotomy between the dream of America and the experience of non-whites worsened. 163 The laws enforced race-based distinctions. The international agricultural trade of the South and new Southwest were inextricably linked to and reliant on the existence of a slave work force. Freedom that is the exercise of rights and guarantees promised in American political rhetoric, were reserved strictly to people with white skin. Generations of whites lived in a reality where the inferiority of non-whites was reinforced in all aspects of daily life. Only during fleeting moments of necessity, threats of war, 158 Flagg, supra note 135, at 1016. 159 Id. at 1014. 160 Derek Bell, Race, Racism and American <strong>Law</strong> 550-51 (1992) ciled in Powell & Spencer, supra note 3, at 1266. 161 Powell & Spencer, supra note 3, at 1266. 162 Id. 163 Foner, supra note 13; Camarillo, supra note 15.
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