The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

The Importance of Affirmative Action in the 21st Century: Building Transformational Alliances with Constituencies Across the Power Structure for Scholars, Students and Staff of Color at Predominantly European American Institutions.

The purpose of this session is to reject the notion that proactive Affirmative Action strategic plans are no longer needed at predominantly European American Institutions. Data reveal an inverse relationship between creating successful strategic plans for inclusion and negative reactions from the power structure.

The Legitimacy of Anti-Affirmative Action Initiatives: Didactical Lessons for 21st Century Administrators

“In the next century, with anti-affirmative action measures on the rise, we may unconsciously be reverted back to the 1950’s and 1960’s, whereby our public schools were segregated by race. Didactical lessons for 21st century administrators will be to develop strategies that will keep schools accessible to everyone.”