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MILLENNIUM SHOWDOWN FOR PUBLIC INTEREST LAW 39 America is one of exclusion. 286 The anticipated resegregation of schools and the work place only serves to aggravate a deep and poorly healing wound. 287 The very bond forging community is put at risk. 288 Suspicion, fear, and misunderstanding permeated the interactions between whites and Blacks during the early days of integration. 289 Educational institutions afforded comfortable environments and educated professionals to support the early socialization efforts. 290 In a global society, the capacity to engage people from different cultures is essentia1. 291 The weakening of that capacity in American society would be devastating, given the current world status. To the extent that the court tolerates or excuses discrimination, it sanctions lawlessness. De jure decrees, special admission programs and set asides in government contracting provided offending states and institutions with much needed standards and boundaries. These fences constrained and discouraged unequal treatment or at the bare minimum increased the cost of such intrigue. The court's demonstrated indifference to America's continuing struggle with race, and the real life consequences of that failed effort have left minorities defenseless. 292 Opponents of fairness and equality circle boldly, like wolves before a kill. Then one vacancy at time, these opponents of fairness and equality consume the limited opportunities to become more diverse by justifying and supporting hiring selections that delay and prevent change in the complexion or community composition. The community remains closed to different people and ideas. Finally, the refusal of the court to uphold the protection promised in the constitution and amendments wounds the faith of its people in democracy.293 The legal system should work for everyone. 294 When the system does not work for everyone, confidence in the legal system diminishes. 295 We see that denied or decreased access to education results in decreased employment opportunity. Blacks faced economic difficulty at the height of de jure segregation. While affirmative action and civil rights advances of the sixties resulted in improved employment potential for African Americans, the retrenchment of the eighties, and nineties now reflects an ever-widening gap between under employment and those at the lower and middles ranges of the income scale. 286 Farber, supra note 186, at 928-30. 287 Id. 288 Farber, supra note 186, at 928-30; Boger, supra note 18, at 1795. 289 Id. 290 Id. 291 Id. 292 Chambers, supra note 7, at 9. 293 Id. 294 Stephen Breyer, The Legal Profession and Public Service, available at http://a257.g. akamaitech.netl7!257!2422!14mar20010800!www .supremecourtus.gov!publicinfo!speeches!sp_10-1 0- OO.pdf. 295 Id.
40 THE UNIVERSITY OF THE DISTRICf OF COLUMBIA LAW REVIEW There must be a paradigm shift towards balancing rights for the disenfranchised and under-represented and away from those who are disproportionately privileged throughout the social order. Public interest lawyers have to do a better job of identifying the real client. 296 Objective notions of public good must replace personal ego and comfortable notions of equality for some. 297 The remedies pursued must protect those at risk and not perpetuate privilege for the perpetrators of inequality or those who have benefited from wrongdoing. Public interest advocates must also forge new alliances. 298 The Court has assumed that race neutral remedies would ensure equal access to education and employment for minorities without empirical data to confirm it. 299 Public interest advocates must acquire new knowledge about the people they profess to serve and develop new approaches to supporting them. Equality is something significantly different from thinking for the under-represented and substituting white impressions for the voice of the under-represented. A fresh introduction to the client and the challenge to support equality should open the door to information needed to more effectively engage opponents of affirmative action. 3OO Beliefs and rhetoric must be supported by consistent appropriate action. Discrimination is the culmination of numerous transactions over a broad range of ordinary daily occurrences. Preserving equal opportunity requires the same dayto-day investment. The barriers resulting from business practice and daily custom or habit will only be dismantled through rigorous, unrelenting effort to observe a different standard and intolerance for nonconforming behavior. 301 Even our champions, whether giving cover to integrity challenged leaders or creating a gentler kinder group of old boys and girls, must be held accountable for diverting from the path of improved access. In the law school context, solutions include having the long postponed conversation about race. 302 The conversation must include all law school constituencies and support assessment of the institution's strengths and weaknesses. To the extent that the institution has no plan to support diversity, such a plan should be developed and implemented. The plan must provide opportunity and inculcate respect and honesty in communication as institutional values. Institutions charged with serving under-represented institutions face higher standards of responsibility to shed the pretext of respectability and begin the long postponed adjustment of priority and process needed to resume mission driven administration. 296 Chambers, supra note 7, at 13. 297 Id. 298 Id. 299 Id. at 11. 300 Id. at 12-13. 301 Chambers, supra note 7, at 11. 302 Powell & Spencer, supra note 3, at 1291.
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