A Student Sit-In

Wishing the more than 50 Black students staging a sit-in at his office last month a "good night," Law School Dean James Vorenberg '49 told them to wait until morning and he would deal with their demands then.

At a meeting a day later, Vorenberg reiterated Law School policy--a promise to increase minority faculty representation but a refusal to set specific quotas--and told the students that they would just have to wait a little longer.

Spurred by concern over the new dean selection and by frustration over the potential departure of two of five Black tenure or tenure-tracked professors within the next year, Black Law Students Association (BLSA) members said they were convinced the faculty's commitment to minority hiring was at best superficial.

Visiting Professor of Law Charles J. Ogletree, who is Black, will return to practice next year after a three-year stint teaching criminal procedure and prison law. And Professor of Law Christopher Edley--one of the Law School's two Black tenured professors--is expected to join Gov. Michael S. Dukakis in Washington, if Dukakis wins the presidency.

The two professors' departures, coupled withfrustration at previous meetings with seniorfaculty members, prompted BLSA to hold a 24-hoursit in at the dean's office.

Vorenberg voiced dismay at the takeover, whichcame one month after the dean had met with BLSAleaders to address their concerns regarding thesmall number of minority faculty at the school.

The protest--noteworthy for its nonviolentnature as well as its emphasis on hiring--prompteda meeting between BLSA leaders, Vorenberg andAssociate Dean Andrew L. Kaufman '51. The resultof those meetings was a general agreement topursue seven of the BLSA's 12 demands and areaffirmation of the Law School's commitment tominority hiring.

But Vorenberg and other Law School officialscall the settlement a reiteration of Law Schoolpolicy, and not a compromise.

Contrary to BLSA demands, the Law Schoolrefused to set quotas for minority hiring.

"We should look hard for promising candidateswho belong to under-represented groups and givethem every consideration," President Bok said."That is an important part of the academic life ofthe University and should be. But it is verydifferent from setting quotas."

The Law School did say it would pursue some ofthe BLSA demands. As Vorenberg announced in astatement and at a faculty meeting, the Law Schoolagreed to examine the possibility of creating agraduate fellowship to encourage minority studentsto teach law, ask Byrne Professor ofAdministrative Law Clark Byse to advise minoritystudents interested in teaching law, addressconcerns of minority professors about living inthe Boston area, consider ways to increase studentinvolvement in faculty appointment committees, and"continue to give high priority to minorityhiring."

"I think a lot of what [BLSA] set out toaccomplish will be in a couple of years," saysOgletree, who leaves the Law School after thisyear. "I think they will see in time the fruits oftheir labors."

But Vorenberg dismissed five BLSA demands thatcalled on the school to meet specific minorityhiring goals--including the appointment ofProfessor of Law Derrick Bell as Vorenberg'ssuccessor--saying in a statement that "mattersrelating to specific faculty appointments areconfidential and could not be discussed."

BLSA had asked that the Law School hire 20minority professors in the next four years,appoint a Black female professor by next year andextend a tenure bid to Ogletree.

"I wish we could have gotten more of acommitment," said Mimi Wright, a BLSA member. "Itcertainly was a compromise."

Bell, a former dean at the University of OregonLaw School, said law schools--intentionally orunintentionally--exclude minorities from thefaculty by considering only traditionalcredentials. Bell contends that as long asappointments committees require their facultymembers to have had Law Review membership orclerkships with Federal justices--activities inwhich he says very few minoritiesparticipate--qualified minority professors will beexcluded from the faculty pool.

"I think it's going to be necessary to take onthe issue about what are our standards forhiring," Bell said after the protest. "Do thestandards we've been following provide us with theLaw School we want? I think that if [minority]people with traditional qualifications come alongthey will hire them. Those people come along veryrarely."

Statistics are consistent with Bell's claims.According to Toni House, Supreme Court publicinformation officer, there has been one Blackclerk in the last two years--out of approximately70 total slots.

And the same is true at the prestigious lawjournals at many top law schools. For example, outof the 40 staff members at the Columbia LawReview, one is Black, Business Manager KristaThompson said. There are no Blacks among theapproximately 30 staff members who work for theUniversity of Chicago Law Review, said MarkSnyderman, the journal's executive editor.

To attract more minorities, Bell said,appointments committees should consider a broaderrange of qualifications for prospective facultymembers.

"We have to have a more realistic set ofcriteria," Bell said. "You can be a great teachereven if you weren't in the top 5 percent of yourclass and even if you weren't the editor-in-chiefof some major law review. Some of those people whomeet those traditional qualifications aren't goodteachers."

But Vorenberg says the Law School does notrequire only traditional qualifications and cites"a vigorous search process that looks at alldifferent sources of candidates, including peoplein practice, and a determination by the facultythat it wants to add to minorities in thefaculty," as evidence of the commitment tobringing minority professors to the Law School.

Bell says the Law School's minorityrepresentation is "about average."

"Most faculties have one or two Blacks, and wehave four," Bell says. "But we have such a largerfaculty than most schools."

The Law School's arguments still have notconvinced the BLSA membership, however, and theorganization's leaders have promised to push fortheir goals through the summer and next year