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MILLENNIUM SHOWDOWN FOR PUBLIC INTEREST LAW 25
like race profiling, police abuse, and discrimination elude the attention of
whites. 188 The decreased presence of students of color lessens the probability
that classroom discussion and study consider the significance of race. 189 By decreasing
the number of minority students attending law school, the very nature of
an inquiry into justices changes. It is highly unlikely that a classroom discussion
or faculty committee deprived of minority participants or stakeholders will reflect
the perspective or concerns of under-represented groups. At best there can only
be a substitution of judgments or sensibilities, which may result in a less than
balanced treatment of subjects significant to under-represented communities. 190
On the other hand, it is equally efficient to silence people of color when forced to
tolerate them in institutions of higher education.
Finally, outside actors are encouraged to reinforce the silence or neutrality
sought by the libertarians. Most law schools seek the active participation and
support of alumni and distinguished members of the local bar who can enrich the
overall program by capital, scholarship, research endowment or contribution. Influential
members of the local bar association may opine, question, encourage,
observe within the hearing and vision of university trustees and presidents.
B. Cultivating Productive Environments for Students
Blacks have been disempowered in the governance of university systems, and
there continues to be little evidence that predominantly white schools will provide
either the same degree of opportunity for non-white students, faculty, and
administrators or the environment free of racial animosity and intimidation found
in HBCUS. 191 These setbacks or limitations serve to distort and erode the identity
and vision critical to cultivating positive learning environments for non-white
student populations. 192 This tool of discrimination discourages accountability for
improving the plight of groups traditionally under-represented, and may in the
short-term reward the predator perpetrating the discriminatory action. 193 The
same rationale given to justify race neutral admission has been used to justify the
merging of state institutions, extinguishing former HBCUs or calling into question
the need for continued state funding to support a HBCU}94 To date, Tenpear
in disproportionately high concentration in poverty statistics and are under-represented in higher
education statistics including law and medical school enrollment and graduation. In short, women of
color enjoy a unique position of under-representation as compared to racial or gender minorities and
have advanced less dramatically in influence, power, and income than their white counterparts.
188 Bemida Reagan, The Impact of Cutbacks in Affirmative Action on Community Lawyering,
14 BERKELEY WOMEN'S L. J. 6, 10 (1999).
189 Id.
190 Id.
191 Brown-Scott, supra note 178, at 52-53.
192 Esquivel, supra note 1, at 330-35.
193 Id.
194 Wenglinsky, supra note 6.