Reflections: The First Year of Law School Pt. 1

The First Year: Pt. 1

Law School Realities in Its Infancy

If you would have spoken to me two years ago, the idea of law school was one that was definite only by will and not by anything concrete. I remember that I was just preparing for finals and getting the books that would help me prepare for the LSAT. I had also taken my first practice test for the LSAT and had gotten a score so discouraging low that later someone suggested that I "not waste my money, and get a Master's degree." 

Since then, I have kept that comment echoing in my ear and by beating great odds, fighting tears, and losses along the way I have not only made into the law school, but I made it through the long spoken about first year. While some people speak about merely the horrors about the first year, I've taken it upon my self to talk about my experience holistically and some of the concerns I had along the way. Hopefully this serves to inspire and educate others that will come after me and also give some guidance about things that people should ( and should not) do. 

I moved to ATL on July 31st 2015, and one of my dear friends from Howard, my sister, my mom and her husband helped me move into my apartment. After a 14 and a half hour drive from PA to GA, I made it there with everything in one piece. Additionally, some of the furniture that I had ordered arrived around the same time I got into the area which made the transition relatively smooth. Move in went off without any major hitches. My mom, her husband, and my sister left and flew back to Philadelphia. My friend stayed for a couple extra days and we had our fun in the city. Immediately after she left, I had my first challenge in my apartment - a break-in. It seemed like freakish luck that two days that I moved in, my door would get kicked down while I was up the street at a friend's apartment. I returned to police and a door frame snapped in half. Luckily nothing was taken from the apartment, but that first night I remember I slept with my door locked and barricaded and several steak knives in the drawer. Eventually, the door was fixed and life moved on.

School started in short order with an orientation that was interesting to say the least. Some of the students that I met during the preview weekend a few months ago where there at my right hand giving commentary to take the edge off the hours of guest speakers who were speaking about their experiences and what is expected as we walk into our legal careers. We were sworn in and as soon as that was done... the part of law school that every student dreads hit every normal first year law student like a ton of bricks. I remember the first days of reading assignments took about two and half hours to three hours to read each. I managed to burn about 2 highlighters in the first week of class alone. It was daunting and anxiety producing and there were nights that staying up until 2am was a reality. One of the first things that someone said was "It's the first week and we are already on a finals schedule." I saw no lie with the statement. 

Less than two weeks in and I got my first "cold call", another thing that someone dreads. It isn't like how they have it on How to Get Away With Murder, It may be worse. It may be something short like a two word answer or the professor may stick with you for almost 30 minutes grilling you on the facts, issue, the holding of the case, the reasoning of the case, the policy behind the reasoning, and even so much as your own opinions or the historical reasons about why the case was ruled a certain way. My first time wasn't that bad, but considering that I read that night for a total of 8 hours after classes were over in anticipation it was my hope that doing 'okay' was the worst I could do. The first few weeks, 90% of the 1L class was in a general state of "What the hell is going on?!" The first few weeks translated to a month and by that point some of the mystique of law school began to fade. However so much as the mystique was fading, the realities of school began to tug at me a bit. 

By the end of the semester, my confidence in school had waned pretty far from where it was when I had started. For several reasons: 

• I felt like after reading a couple hundred cases and several thousand pages of text (between text books and supplements), I felt like my reading comprehension and speed were still not up to par with the rest of my counterparts. This was a huge insecurity that still follows me to some degree. 
• The same writing that was once hailed as top quality work at every other level of education and caught the eye of professors was no longer top quality work and every worse, my work caught the eye of professors but for the wrong reasons. What used to be thoughtful and thorough was now wordy and unwieldy. Even worse, my analytical skills were not being translated to the paper well enough to warrant top marks. 
• When my grades were released from the first semester, my hopes for gainful employment evaporated. While it was well in my second semester that my grades were released, my grades provided the biggest disappointment. I did not do terribly... but I did not land in the top third of the class. My aim was to aim for the top third because most employers take preference for those kind of applicants especially this early on. 
• There were some people that articulated the "Top Third or Die" or "Big Law or Die Mentality" and as a result, I got pulled into that direction. So when grades dropped, I felt the largest sinking feeling I had in a while.

Some physical changes also occurred during my first semester too which weren't too great. 

• My hair started to fall out... and quickly. I usually tried to joke about it. So it would end up being the usual "State of the Edges" speech to my friends. Usually the status was. "They booked a flight to Timbuktu... It may be one way this time." The fall out was caused by stress.

• I gained 20 lbs. If you're used to being from a place where you walk (the North), welcome to a place where walking takes 45 minutes to go 2 miles but driving takes 3 minutes (the South). Plus, when you eat and sit for 10 to 15 hours a day at a time, the food has to go somewhere... it turns into fat. Some people were fortunate to actually lose weight during the course of law school though because of stress. I wasn't fortunate though. 

• I developed back problems. The books that you carry for school are so dense and heavy that if you have them in your luggage, TSA will pull the bag and investigate further. (They show up as a solid mass...) Not to mention each tome is about 500-1200 pages long and as a result they can weight anywhere from 4 to 7 lbs. Add on a laptop and multiple the number of books by 3 or 4 and you have recipe for scoliosis or uneven hips. Even now I am trying to rectify this. Sitting all the time also exacerbates the problem.

• My eyes twitch. Either from anxiety or from the fact that I stare at a screen trying to focus all day on what I am reading or focusing on. If I am not staring at a screen, I am usually transfixed on a book for hours at a time. Even though my vision has not started to deteriorate, I am going to probably need glasses to reduce the strain on my eyes. 

Now what I did learn after my first semester is:

• Writing in the legal field is formulaic. The more boring and patterned it is, the better for the reader. If the person can determine what they are looking for next, you'll get higher marks because at that point you've done the job.

• Fancy wording does not help you. The more eloquently you try to phrase things, the more you dig a grave to place yourself in it. More likely than not, your professor is going to either cut you down to size in a cold call, on a review of your written work, or on your final exam. Just be direct. 

• Everyone is not on even footing. The reality is there are some people who are geniuses and can read a case in 20 minutes and identify the holdings, the rationales for each one, figure out the reason why the judge ruled the way the did was because they wanted to go home early and what not. Other people are bred into this, coming from a long line of lawyers. Some have had prior careers as paralegals and already possess the skill sets to make easy work any class assignments. 

• You're your best gauge. I used to hate hearing this, but there is truth to it. You know yourself the best so you know when to take a break from reading, when to get focused, or when to seek help. I used to try to compare myself to everyone else, but you can't because not everyone is not on the equal footing. 

• You need to have an affirmation. My affirmation that I use is in Latin: "Excellentia et Prosperitatem a Deo", which means Excellence and Prosperity by God. I used to write this in the margin of my notes and I also have them printed on my old outlines to remind myself that I am in this mission for a reason. 

• Good support systems. My friends here at the law school and the Black Law Student's Association have been my backbone and have been there when I have struggled and been through some of my darkest hours. I can say that I would have not made it to the end with my friends and my organizations that I am involved in. 

• You need Faith (capitalized for a reason). Belief in something greater is important. There are many times I felt like I didn't have the strength to carry on. But God pulled me through and allowed me to grow and be better. Since then I was able to have a better handle on seemingly impossible situations when the second semester came. 

• Do your best. It sounds cliche, but people aiming for perfection end up depressed, they self medicate, and they don't perform optimally when the true test comes. I'd rather learn all I need to know and be learning as I go than be perfect from the start. If we were perfect, no one would need to acquire 200k worth of debt to attend law school (or even educational program for that matter.)

And while this is a long post. This is it for Pt. 1. 

Pt. 2 will address the Spring semester. 

Back In The Closet: A Supposed Act of Utility

" The less they know, the better. Because when they know less, the less bias they can create to act against you. When there is less bias against you, then you progress forwards, all the while still making the space yours to control." 

Back in the Closet

A Supposed Act of Utility

Since the start of the millennium and even more specifically in the last 10 years, the LGBT community has made great strides politically and socially in the United States and in many corners of the world. However, while the general community is starting to do better, there has been quite a divergent view developing in the gay community that has reached a head. As gay men and lesbian women have become more visible in politics, business, entertainment, and higher education there has been a rise in people who after they decide to "come out" decide later to "come in". 

This phenomena is not well documented by any real literature or studies, but in personal experience and in life, I have seen people who have been out and living their lives suddenly "come in". Every single person that I have observed who has made this transition back to being discreet or not easy to assume and identify in the streets or a crowd of people has suddenly come upon a new position or a new social standing. In the last few years, some people who have formerly associated with me no longer do so because of the change (which I'm in no way bitter about, c'est la vie).

But then looking back at my own history of progression and making my way throughout the undergrowth of social life as a black man who is a part of the LGBT community, I began to think: Have a made a mistake in not heeding the warnings of others. It started early with the way how I walked, how I spoke (because my voice lacks bass), and even my inability to find interest in stereotypical "guy things" like sports. It permeated through my life throughout high school where I was quite often subject to homophobic slurs and some bullying.

But when I reached undergrad, it was seldom mentioned (probably because what they percieved was obvious). However what was seldom mentioned was the basis in many different things which led to a reputation that followed me until the day I left Washington D.C. While there at my alma mater, I realized that some of the most successful men who had the same capabilities, passions, and goals as I did but who I knew were also a part of the LGBT community, excelled. The common denominator was that 8 out of 10 of them were discreet and if anyone found out they were gay or bisexual, it was a "Wow, really?!" 

The rationale came from someone who I once spoke to at Howard about this and he was in a similar situation as I was. Being friends at one point the conversation was that coming from concern. It went similar to this:

"Yo, I'm concerned about you. 

" Why?"

"Because I know you're smart and you got talent, but you keep getting passed over."

"It could be I'm not going hard enough for what I want, or merely politics... I don't know but I'll just go harder" 

"Going harder isn't going to solve your problem, but if people didn't know about you and you went back in the closet, then your fortunes may turn..." 

Within 6 months after that conversation, they were excelling; doing their thing because they had "come in." I was operating "business as usual."  But now walking along the hallowed halls of law school, and looking at people who are in the legal profession that stand in similar place, many air on the side of conservative. Even more striking is that the advice I was given as being a young black male who is in the LGBT community who seeks to practice law, I need to "reel myself in some" to make myself marketable. The question I pose however is "How much do I reel myself in... or rather how much do I have to alter myself to make this investment worthwhile?"

In the past "reeling it in" has included changes in how I dress, changes in the music I have listened to, changes in friends, and even attempts to change my voice by trying vocal training. They all failed to no avail. Not because I chose for them to fail and not for lack of trying, but just because changing something inherent in a person is like trying to change someone's eye color after they've been on the Earth for long enough. It is either a) expensive reprogramming involved or b) something damaging for either my psyche or my physical condition. 

At the end, I always articulate, I never had the luxury of having a closet to run into. Hell, if anything the most I had was a dresser drawer to put my cleanly folded laundry. Going back in the closet when I've never been in it is like telling someone to read Shakespeare when they haven't even been able to learn how to read yet. It's requiring some prior experience to know how to do the latter thing. 

I see the utility of "coming in"... but it is hard to understand and perhaps after several failed attempts in my own life, to me it something that is not doable. I'd rather focus on being the best version of myself than trying to change myself altogether to fit into a space where I am possibly not welcomed. 

The Myth: "Stop Talking About Discrimination and it Will Disappear"

"Avoidance merely delays the inevitable, but it does not make it go away"

 "Stop Talking About Discrimination and it Will Disappear"

A Myth 

Discrimination against people of color, women, and members of the LGBT community is something that this society is still trying to work on. And while small steps have been made in the years since the Civil Rights Act of 1964, this recent election cycle has made me and everyone else aware of what goes on this nation at both a macro and a micro level. It has become evident that racism and xenophobia is alive and well in this country and that it is capable of forwarding an entire political platform. 

While it has been evident that racism is a problem, something that is troubling is the view that if we  "stop talking about discrimination and racism, it will disappear." There is a inherent logical fallacy in stating this as illustrated by several analogs:

• If we stop talking about the fire burning down the the house, the fire will stop burning it down...
• If we stop thinking about the cancer ravaging the body, it will go into remission...
• If we stop talking about obesity, it will correct itself...
• If we stop talking about rape, people will stop getting raped...

All of these logical fallacies have one thing in common: They assume that a condition will cease by ignoring it. This is the problem with the American psyche today, the lack of accountability for actions both past and present and the ability to understand the implications by not taking that accountability. There are people that exclaim "Why does it have to always be about race?!"but they fail to realize that a great deal of political decisions and instances and history were done because of race. 

The Tuskegee Experiment was carried out because of race (exploiting the fact that people of color were not well educated and that they could be used as guinea pigs. CDC Commentary ). The covenants that disallowed many African Americans to own property and produced the mass exodus of European Americans to the suburbs, was about race. ( Racially restrictive covenants: Shelley v. Kraemer , Redlining: It still exists, and Racial exclusion in suburban communities: Yale Law Journal talked about it.), even the failure to employ people is based on preferences which mainly rely on race. ( 2003 Berkley Study, Hiring of Waiters, Liability Because She Wasn't Blonde). 

Just by looking at the instances above, you can tell that the usual rule of speaking things into existence doesn't apply. It's because no matter if we are silent on it, it is inherently part of our society. To not address it as an issue is to completely fail to address what made this country what it is in the economic sense as well as the political one. 

The rationale of not talking about discrimination also is rooted in how people respond to affirmative action plans. The sentiment from many people who are not a part of a protected class is "affirmative action programs further polarize race relations by making it us against them and allowing people to not operate on merit." But once again, it complete discounts history. The history is that African Americans and most other people of color attend schools that are substandard (2013 APA Article, 2002, NY Times, 1992, The Atlantic). At first they were separate but unequal, now they are integrated (by law but in fact it could be questionable) and still mostly unequal.

 A majority of inner city public schools systems are utilized by minorities and generally they do not have the same resources as suburban school systems.( 2014, Washington Post, 2015, PhillyMag). How can we operate on a system of merits when from the instance a child sets foot through the door of the school they are ill equipped to handle and navigate the education system? Affirmative action policies are there because the help alleviate the disparities at the tail end. It is a much more conservative remedy than giving money to those struggling school systems and providing proper services that can help bring students in those inner city schools on equal footing. 

Societally, discrimination was rooted in our laws (Plessy v. Ferguson and Dred Scott, The Civil Rights Cases, Jim Crow and Black Codes) and it took legislative action via talking about the discrimination and expressing discontent that gave us Brown v. Board and it's subsequent cases. It took this conversation to get us the Civil Rights Act of 1965, 42 U.S.C. 1981, and the ADA (because people discriminate against the disabled too). It took us this conversation to get affirmative action programs that benefit all Americans who are from groups that are disadvantaged socially ( Even women who are European American benefit too). To be clear, conversations about any type of discrimination produces results whereas inaction does not make discrimination go away. Jim Crow was alive and well from 1877 until the 1950's and when it became severe and pervasive and conversations starting happening, things began to get done. 

In conclusion, we must talk about discrimination to arrive at a solution. In a 12 Step Program way, the first step is admitting that there is a problem. Until we as a country can collectively admit that there is an issue, we cannot resolve it. Everyone else sees the problem and quite clearly we cannot be post-racial until we understand that race and other bases of discrimination are a subject to examination rather than ignorance. 

From

The Battle Ongoing: A Narrative on Body Image

“To lose confidence in one’s body is to lose confidence in oneself.” 
― Simone de Beauvoir

The Battle Ongoing

Body Image Issues 

(Source: Dressmann)

I remember the the days when I was thin, free, and didn't have to worry so much about what my body looked like. Those days were in my childhood. But once I hit 11 and puberty took hold of my life and shook up my life, I began to notice that I was not growing upwards, but I was growing outwards. I went to the doctor to figure out what was going on with me, their opinion. "It's puberty, and as you develop, you're going to gain some weight... It's normal." The doctor is right,  but looking back the speed and way how I gained my weight in my early adolescence led to insecurities that reared their head quite early. 

When I was twelve, that was when I attempted to fight my weight head on. Looking back, the reason may have seemed silly... but it resounded with me. I was told by a crush after stating my interest in them that I was "too short and too fat." After being told that I decided enough was enough... I stopped eating and restricted my diet. For the first time in a long time, my body stopped growing outwards and I felt like I had succeeded. I finally had stopped the battle of the bulge. However it fix ended when my mom caught wind of what was going on and suddenly my body began to pack on the pounds quicker than ever before. 

By the time I had entered high school, I tipped the scales at nearly 200 pounds. I was upset, I was embarrassed, and most of all I was over it. A breakthrough did not happen until I attended undergrad and for the first time I actually lost weight thanks to walking a lot. During the summers, I made it my business to work out and once again my weight had stabilized. That stability ended when I started law school and since then I've been combating even more weight gain caused by being sedentary. 



Now at nearly 23, I look at my body as a battlefield. They say that men are not supposed to be so worried about how their body looks. However between the emotional pains, medical issues, and poor dating prospects the fight has taken its toll. After numerous diets, axing out entire food categories from my diet, and increasing how much I exercise, my stomach is not moving. The worst part is that I am left to merely blame myself. 

The most prominent rhetoric for many people who struggle with their weight is that the fact that they are fat is entirely their fault and that they are "lazy" and "unwilling" to change their behaviors. However, for some people like myself the genetic short straw was picked. I have a body type that is characterized by easy weight gain because it holds onto everything and poor weight loss unless I adhere to a diet of nearly no starch, bread, or fat. Even more striking is due to a family history of medical issues, this is the prime time to jump on it and I have.

Dating has even been complicated for me. It's very common to hear out someone's mouth and scrawled across a screen on an app "No fats, no fems..." or "Height-weight proportionate." Even though seeing or hearing those things no longer phase me, it does place in my mind that within the gay community the body ideal is closely tied with the hard-wiring of men to like physically attractive prospects... 

But as circumstances have changed, so has my viewpoint. I'm taking control of this battle and having it occur on my own terms. 



The first thing in trying to work on my body image issues has been to look at not losing weight but looking at trying to make healthier choices. For me, I decided that I would give up fried food for Lent and have been deciding to cut it almost  completely from my diet beyond lent.  Also, aside from fixing what I eat, I've made it my business to carve out the time to exercise or do some physical activity even though law school has consumed all of my time.

The second thing (which I am currently working on), is not trying to compare by body to someone else's. I was under the impression that I needed to have completely flat and defined abdominal muscles, a gluteus maximus that someone can chip a tooth on, and humongous arms. As I looked around, I looked at how each person's body is not exactly the same even if it was close to the "male standard of beauty." It dawned on me that perhaps, what may look like one thing on man who's 6'3 with a natural 38 inch chest, may not look the same on someone who 5'8 with a natural 43-44 inch chest. 

The third step is being happy with yourself. I know someone who does have this "dream body" and they seem like they are happy, but then I look at how they live their life and I wonder... 4 hours in the gym almost every other day, when they go out to eat they sometimes have to bring their own food, and they can't even enjoy a drink without the thought of calories ruining their day.  They are happy that their body looks magnificent but they have to limit themselves from a good portion of social life just to sustain what it is there. I cannot bring myself to that. As I've been told by one of my friends who lost weight and has kept it off is to be happy with yourself, because those same thoughts and insecurities could cause you to gain more weight or not lost any at all. 

The last thing is remembering to be patient (I am working on this one too). Most people think that fast weight loss is the healthiest and best weight loss. But many people who specialize in nutrition science and weight loss say the opposite (Don't believe me, look here). Bodies aren't made in a day, they can sometimes take months or years. Some of these people that are on Instagram showing their physiques have been working tirelessly in the gym for upwards of a year to make their bodies look that way. I have to remind myself quite often that this journey is ongoing and giving up is not an option. 

There will come a day that I will get my body back to a point where I am content with it and it is content with itself in terms of being healthy. But until then, I have to keep toughing it out. It is a battle ongoing. 

Confidence Interrupted: A Testimonial

"Law school can be empowering, eye-opening, or dream killing... it's sometimes hard to draw the line between the three." - Unknown

CONFIDENCE INTERRUPTED

A Testimonial

Since I've began law school in August 2015, it has been an a wild roller coaster to say the least and very turbulent. My personal life has been relatively uneventful. Aside from small blurbs from home that make me raise an eyebrow, most of the turbulence has come from within. I'm not saying that I am depressed (I'm definitely not that). However, I have taken notice that in many ways my confidence had waned while being in law school. 

Being in the top percentage of people within the academic hierarchy of the country is no easy feat, but at the same time it demands a lot in order for you to stay there. Even being an African American in law school as a first generation college graduate presents an interesting dilemma itself. From being told (and groomed) to be an attorney from a young age, and then internalizing it as your way to "make it out" it has a way to affect your psyche. Due to that internalization, the idea of perfection and excellence eclipse anything that seems mediocre or not up to standard. More strikingly, these same ideas caused me to excel but at a price. 

When I reached the undergraduate level and made my way through successfully, It dawned on me that my insecurities about my intellectual abilities were unfounded. I was able to write well (sometimes to the chagrin to some of my professors). I was able to provide high quality work that was often used as an exemplar for others. Even when the bar was not set high, I made it my business to work hard and go beyond the call of what was requested. That work ethic and ingenuity allowed me to be rewarded handsomely and I graduated towards the top of my class.

(source: U.S. News) 

But when I came to law school, it became quickly apparent that anything that came before was invalidated. It no longer applied. The same writing abilities that I received acclaim for, became my Achilles heel. The logical reasoning skills required to understand cases and their doctrines was alien leaving me to feel inept. Even reading, would extend in sessions upwards of 7-8 hours at a time. Even writing, which was my one true love became the bane of my existence because it became evident that I ended up deficient. 

My first semester I did not do spectacularly well. I looked at my grades and within a moment I said to myself that "I didn't go hard enough." , "I was being mediocre and that it produced mediocre results" and "If I really want this, I have to sacrifice more sleep and energy (and impliedly mental health) to get results." I went from a place of enchantment to a place where reality hit me like an anvil: I was here and I was getting my ass kicked. 

(source: mylawschooldreams.wordpress.com)

They say that second semester would be more rewarding because you can see the progress from your first semester. However, instead of looking at the blessings, I saw the things that didn't improve. Admittedly, my reading times are still high, When I do read everything, I struggle to understand the readings of the logic. I've become so insecure with my writing that rather than correct things, I'd rather axe it and start from scratch. Even worse, I am struggling to find employment because of my performance the first semester. 

I can say that frustration is the feeling that has developed over the course of the last few months. There is frustration because the "light bulb" has not gone off yet. There is frustration because despite my best efforts, my abilities are not improving as much as I would like them to. Worst of all, there is frustration because as much as I've sacrificed already, there has been no "come up". But within the last few weeks something changed...

(Source: Lawschoolninjabooks.com)

My frustrations suddenly began to present itself in a way that it never has, It prompted me to start re-investing in my creative platforms, working out, and even focusing on trying to improve myself. It became apparent that I was attacking the problems that manifested from law school incorrectly. I was focusing on improving performance rather than improving the person performing. When it dawned on me, it sparked a new fire within keep going. This environment that we exist in is artificial. One where insecurities are played on and made to fester to empower others. I've arrived in a place where the feelings of despair and abject mental neglect are common but go unchecked. Why? Because "it's part of the process." 

Looking forward, I'm emphasizing my mental and physical health. I've seen what happens when I let either slip and I don't want to have that happen again. I still get a bit upset about when I'm not focused as I should be or when the readings don't make sense the 2nd time i look at them, but I am trying. I am working. I'm working on not trying compare myself with others, primarily because the system and the curve is already doing that for me. Even though it is the 8th week of classes in the second semester and hard finals prep for me starts next week (I need the extra time), it's high time to get rid of the defeatism and let my confidence come back to it's former glory. 

Ex Parte: Is The Discussion of Race in Law Separate From History

" Anyone who considers the law in a vacuum is operating in true scholarly disservice." 

 Is The Discussion of Race in Law Separate From History

 Ex Parte:

The system of jurisprudence within the United States has had a long history of supporting the every changing social norms of society. As decades ebb and flow along, certain politics, ideas, theories, and doctrines become antiquated. Unlike most disciplines however, The law operates in a manner that requires the person who is reviewing it to take into account the ideas of the day in the determinations of the cases. At the present we exist in a time where social mores are changing. Now Millenials, who the youngest of us were born in 1995, are entering the political and legal fields as the largest voting group and also one to place new burdens and challenges on the justice system as technology and information proliferates at a pace prior unseen. 

But the legal profession moves slowly in comparison to other fields. It also does not move in a uniform fashion. The fashion of law makes it operate in a fashion where time knows law only in performance and not in scholarship. Some of the oldest doctrines that were in place before the Mayflower set sail from the British Isles still exist in the United States. Even more interesting is that some of the doctrines that apply here in the United States, no longer apply in most common law jurisdictions. The history of the law itself is a topic that can be talked about for an extended period which I do not seek to go into with this piece.

To front the discussion, it comes from a discussion had with some of my colleagues who attend law school with me. The colleague posited that "[...] this is not a history or social science class, it is a law class about the law as it now. Historical cases that are no longer binding are relevant for the purposes of law school and the legal profession. Now the Civil Rights Cases of the 19th Century are a little more relevant because they still effect how government discrimination and private discrimination are treated with a distinction legally speaking..." In looking at this question it sparks the issue of whether or not the law should be viewed in a vacuum or be looked at in the context of history.

While the law is an anachronism in itself at times, history has had a way of showing why the legal principle change (or fails to change). The changing of the DSM IV by removing homosexuality as a disease was instrumental and striking down anti-LGBT regulation and laws and eventually led to the support of landmark cases such as Lawrence v. Texas (2003) and Obergefell v. Hodges (2015). Historical changes in the sociological scheme have been instrumental in helping with the decision reached in Roe v. Wade (1973). Starting with the sexuality studies of Alfred Kinsey performed in the 1950's it led the way to the the advent of the birth control pill in 1960 and the sexual revolution of the late 1960's and early 1970's.

(Dred Scott, pbs.org)

Race and ethnicity and it's history have also had it's effect on law. The first three landmark cases regarding it in the United States were the famous Dred Scott v. Sandford (1856) and Plessy v. Ferguson (1857) decisions. Less famously, the "Civil Rights Cases" of 1883 also give us the legal basis that has yet to have been overturned. The Dred Scott case led to the promulgation of the 13th and 14th amendments abolishing slavery and granting citizenship rights that were not fully actualized until Brown v. Board (1954) which overturned Plessy and the enactment of the Civil Rights Act of 1965.

History has had a hand in each decision, and merely looking at the cases in a vacuum separate from the law in regards to racial politics is frightening. While neutrality in the law is an ideal, that is all that it merely is: an ideal. This is why when people make the argument of "the Supreme Court is not a political body and hence, should not be politicized" the argument fails because the means of appointments and promulgation of rules and regulations are all based on the politics that conceive such rules. 

( source: www.brownat50.org)

Similarly, when people are asked to remove the historical context out of cases, they make less sense. How much sense would it make if we removed the historical context of Dred Scott, then we would never understand why this man is claiming he is free, we would never understand the importance of why where the case was bought (Missouri) is so important to the happenings of what is to come. We would never understand the future implications of what is going on. And even better, we would never be able to use the law in a way to make it equitable for everyone because we would never know where the inequities lie. 

It is a scholarly disservice to divorce one from the other and it is also a disservice to state that students in the Law like my shelf should have to divorce myself from having certain feelings. Most people take up their causes in the legal profession to support their beliefs and goals. Whether they want to amass and maintain family wealth by working in the corporate sector or to help effect change by working in the public sector doing litigation work, each person in the law uses the history to frame their own opinions and gain connections to cases that would otherwise just be an onerous reading.

For us to examine race and ethnicity in the legal realm, we must learn that to learn of your past is to empower the changes and the prevention of further inequities. When Justice Thurgood Marhsall read the cases during his tenure at Howard University School of Law from 1930 to 1933, he had to refer to history. It was this history that prompted him to be instrumental in overturning Plessy v. Ferguson in 1954 when he acted as counsel on the Brown v. Board case. Looking at Justice Marshall's ascent to his position in the Supreme Court of the United States was spurred by a career founded by passion that was sparked by the history of injustices which he thought to remedy and became instrumental in doing. In the 32 cases he argued as a lawyer in front of the Supreme Court on civil rights he won 29 of them, spurred on by looking at law and race in tandem with history. 

In short, viewing history in a vacuum to the law is problematic to the idea of social change. If we did not understand history, then the law would not move at the pace that it does today. We would still be making decisions that are not based on scientific merit and simple testimony rather than on ascertained fact or evidence. In relation to race and ethnicity, it is problematic to not look to history because two two results can come from the nonfeasance. The first issue is performing the same acts out of ignorance that limit equitable rules for everyone that allow discrimination to proliferate. The second issue is not setting the stage for the law to be an agent of change in the same manner that protesting for Black Lives Matter does. It is erroneous to believe that law should operate in a vacuum by itself and being black and conscious about the history only empowers one to learn the law and how to work in the system to effectively change the prior miscarriages of justice.