从密歇根到辛辛那提:我们的命运掌握在他们手中

Marisa Arrona, A. D. L. Cruz, Cesar del Peral
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引用次数: 0

摘要

没过多久我们就找到了彼此都是进步的学生,鲍尔特学院的有色人种学生。我们来到这里,要求对令人沮丧的统计数据给出答案,这些统计数据显示,该州顶尖的公立法学院缺乏多样性。我们来这里是想学习策略和解决方案,需要学习如何扭转最高法院的反动决定,这些决定使民权运动的成果倒退。我们中的一些人在课堂上和走廊上都很大声,互相寻找,很快就了解了我们是谁,以及我们为什么来法学院。我们中的其他人比较安静,但说话的方式不同。我们中的一些人很幸运能在同一个“模块”里,也就是和你一起上大一所有课程的30名学生。我们中的许多人都在同一个大的小组,三个模块的分组,你在大课上和他们一起上课。在那些容纳90人的大房间里,我们很容易被找到,因为我们很少。当我们算上那些与我们目光相接、默默点头表示同意的人时,我们的人数就少了,“是的,我和你一样。我同意;这地方太可怕了。让我们做点什么吧。”在法学院第一年的第一个月结束时,我们的一些问题找到了答案。我们找到了“以前”去过那里的学生和校友,意思是在209号提案之前,在学生变色和降低声音之前。我们的2L和3L Raza被我们的问题鼓舞了,他们为我们安排了一个讲座,然后又为我们全班安排了另一个讲座。在这个过程中,我们既教育了自己,也教育了别人。种族,性别,性取向这些都不是我们在课堂上讨论的话题,除非我们是抚养他们的人。我们的教授们记得1997年愤怒的鲍尔特,回到那个时代的前景让他们感到害怕,所以他们对我们有些担忧。有一些教授,感谢上帝,会继续讨论这些问题。大多数人不会,他们认为我们的问题是切题的、离题的,或者是一个不适合公开讨论的话题。我们正在学习一门外语。我们一直在努力理解,为什么法律适用于我们的社区是“客观的”,尤其是当我们看到它的结果如此不同的时候。作为一名有色人种的大一学生,学习法律既是一种赋予权力的经历,也是一种剥夺权力的经历。我们第一年的课本在空白处大多是感叹号和咒骂,这些都是我们在惊讶、愤怒和沮丧的时候写的。我们无法相信这个“真理”,然而它就在那里,用黑体字写着定律,一次又一次地被复制。撰写意见书的法官常常会哀叹自己被先例束缚了手脚,但这对我们来说并不是什么安慰,因为判决结果似乎总是“巧合地”偏向富人、权贵和白人。为了学习如何改造它,我们必须首先了解这个系统,然后找到摧毁它的能量。我们的时间有限。我们必须做出选择
本文章由计算机程序翻译,如有差异,请以英文原文为准。
From Michigan to Cincinnati: Our Fate in Their Hands
It didn't take us long to find each other the progressive students, the students of color at Boalt Hall. We came demanding answers to the frustrating statistics showing the lack of diversity at the top public law school in the state. We came wanting to learn strategies and solutions, and needing to learn how to reverse the reactionary Supreme Court decisions that had turned back the gains of the civil rights movement. Some of us were loud, in class and in the hallways, seeking each other out, learning quickly who we were and why we came to law school. Others of us were quieter, but spoke in different ways. Some of us were lucky enough to be in the same "module," the group of 30 students with whom you take all of your first year classes. Many of us were in the same big section, the grouping of three modules with whom you take your larger lectures. We were easy to find in those big rooms of 90 there were so few of us. We became smaller in number when we counted those who would meet our eyes and nod in silent assent, "Yes, I'm like you. I agree; this place is scary. Let's do something." By the end of that first month of the first year of law school, some of our questions had turned up answers. We found students and alumni who had been there "before," meaning before Proposition 209 and before the students changed color and lowered their voices. Our 2L and 3L Raza were invigorated by our questions, and they set up a teach-in for us that led to another for our whole class. Through the teach-in process, we educated both ourselves and others. Race, gender, sexuality they were not subjects we talked about in class, unless we were the ones raising them. Our professors remembered an angry Boalt in 1997, and the prospects of returning to that time scared them, and so they viewed us with some apprehension. There were some professors, gracias a Dios, who would continue conversations about these issues. Most would not, viewing our questions as tangential, off-topic, or an uncomfortable topic for public discussion. We were learning a foreign language. We were struggling to understand how the law as applied to our communities was supposedly "objective," especially when we saw it play out so differently. Learning the law as a first year student of color was both an empowering and disempowering experience. Our first year texts feature mostly exclamation points and expletives in the margins that we had written there in moments of astonishment, anger, and dismay. We couldn't believe this "truth," yet there it was, in black letter law, being reproduced again and again. Oftentimes judges writing the opinions would lament their hands being tied by precedent, but that was cold comfort to us since the result seemed to always, "coincidentally" favor the rich, the powerful, and the White. To learn how to remake it, we had to first learn the system and then find the energy to explode it. Our time was limited. We had to choose
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