Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships

This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures - especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their individual merit. While powerful in dismantling intentional discrimination, these standards rely on an assumption that lawyers are, and have the power to act as, atomistic individuals - a dangerous assumption that has been disproven consistently by the literature establishing the continuing and powerful influence of implicit and institutional bias. Accordingly, difference blindness, which holds all lawyers accountable to seemingly neutral standards, disproportionately disadvantages diverse populations and normalizes the dominance of certain actors - here, white men - by creating the illusion that success or failure depends upon individual rather than structural constraints. In contrast, we argue that a bias awareness approach that encourages identity awareness and a relational framework is a more promising way to promote equality, equity, and inclusion.

The Keyes to Reclaiming the Racial History Of the Roberts Court

This article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and circumstances surrounding Brown v. Board of Education. For the Court, Brown symbolizes all that is wrong with the history of race in the United States - legal segregation, explicit racial discord, and vicious and random acts of violence. Though Roberts Court opinions suggest that some of those vestiges still exits, the bulk of its jurisprudence indicate the opposite. With Brown’s basic factual premises as its point of reference, the Court has consistently argued that the nation has made tremendous strides away from the condition of racial bigotry, intolerance, and inequity. The article accordingly argues that the Roberts Court reliance on Brown to understand racial progress is anachronistic. Especially as the nation’s focus for racial inequality turned national in scope, the same binaries in Brown that had long served to explain the history of race relations in the United States (such as Black-White, North-South, and Urban-Rural) were giving way to massive multicultural demographic and geographic transformations in the United States in the years and decades after World War II. All of the familiar tropes so clear in Brown and its progeny could no longer fully describe the current reality of shifting and transforming patterns of race relations in the United States. In order to reclaim the history of race from the Roberts Court, the article assesses a case that more accurately symbolizes the recent history and current status of race relations today: Keyes v. School District No. 1. This was the first Supreme Court case to confront how the binaries of cases like Brown proved of little probative value in addressing how and in what ways race and racial discrimination was changing in the United States. Thus, understanding Keyesand the history it reflects reveals much about how and in what ways the Roberts Court should rethink its conclusions regarding the history of race relations in the United States for the last 60 years.

A bottomless pit: the costs of Crimea’s annexation by Russia. OSW Commentary No. 143, 29.07.2014

The annexation of Crimea has brought the Russian authorities significant dividends, in particular on the domestic stage: it has resulted in an unprecedented social and political consolidation, and strengthened Vladimir Putin’s position after several years of decline in social support for him. It has provided Russia with strategic benefits, giving it broad access to the Black Sea and the military infrastructure on the peninsula, as well as access to natural gas and crude oil reserves. Russia has also taken over numerous assets (including the tourist infrastructure) previously owned by the Ukrainian state. However, the decision itself concerning Moscow’s annexation of Crimea was taken off the cuff, with no calculation of the costs of integrating it with the Russian legal, political and socio-economic space. Russia took over a region that required subsidies from the Ukrainian budget; moreover, the annexation struck at the most important industry of the Crimean economy – tourism. Crimea’s integration with Russia will be a complex process that entails high costs, financial, organisational and social, including multi-billion dollar investments in the modernisation and development of infrastructure, covering the region’s budget deficit, and paying out social benefits. For reasons of prestige and political significance, Moscow is treating Crimea as a showcase region. Russia is determined to prove that the Crimean incorporation will be beneficial for the region’s economy and will raise people’s living standards. However, the expenses triggered by Crimea’s integration will coincide with a deteriorating economic situation in Russia, aggravated by US and EU sanctions, and this may force Russia to postpone or even give up some of its ambitious investments in the peninsula. Some of the integration costs will have to be borne by other Russian regions, even though they already face serious financial problems that have forced them to reduce their own investment programs. Another issue that has come into question is the fulfilment of the Crimean people’s’ expectations concerning the improvement of their living standards, due to the tourist sector’s problems (small-scale tourist services used to be one of the local people’s main sources of income), the rising costs of maintenance, and finally, restrictions of civil rights after the introduction of the more restrictive Russian legislation.

Gibt es eine politische Philosophie der Europäischen Union? = Is there a political philosophy of the European Union?. ZEI Discussion Paper C223, 2014

In a theoretical context, the European Union is generally interpreted through the prism of integration theories, which in turn reflect the ever changing empirical reality of the integration process. ZEI Director Ludger Kühnhardt asks if and to what extent the process of European integration has begun to generate a specific political philosophy which uses the EU - and not the classical notion of the state – as the starting and reference point for its reasoning. Kühnhardt examines examples – such as the European notion of civil rights and the notion of the Union itself, but also critical categories such as euroskepticism – which indicate that the EU itself is beginning to be the starting point and frame of reference for a reflection on the common good. For now, a political philosophy in the context of the European Union exists only in an embryonic stage, but the topic may generate intellectual insights through further and deeper research.

The European Union’s Democratic Deficit and Options for EU Democracy in the 21st Century. EU Centre Singapore Working Paper No. 22, August 2014

The European Union (EU) is widely acknowledged as a successful example of economic and political integration of nation states today – a slate of democratic institutions such as the European Parliament have also been developed and European citizens now possess extensive political and civil rights by virtue of the introduction of European citizenship. Nevertheless, the EU is said to suffer from a so called “democratic deficit” even as it seeks deeper and closer integration. Decades of institutional design and elite closed-door decisions has taken its toll on the inclusion and integration of European citizens in social and political life, with widening socio-economic inequalities and the resurgence of extreme-right parties during in the wake of the debt crisis in the Eurozone. This paper attempts to evaluate the democratic development of the EU through the use of a process-oriented approach, and concludes at the end with discussions on the various options that the EU and its citizens can take to reform democratic processes and institutions in Europe.

Strangers among us. Non-governmental organisations in Russia. OSW COMMENTARY 2015-09-29

The situation of the third sector in Russia, i.e. the civil society structures independent from the state, is worsening on a regular basis. The Kremlin’s actions aimed at paralysing and destroying the independent non-governmental sector seen over the past four years have been presented as part of a struggle for the country’s sovereignty. This is above all a consequence of the Russian government’s efforts to take full control of the socio-political situation in the country while it also needs to deal with the geopolitical confrontation with the West and the worsening economic crisis. The policy aimed against non-governmental organisations is depriving the public of structures for self-organisation, protection of civil rights and the means of controlling the ever more authoritarian government. At the same time, the Kremlin has been depriving itself of channels of co-operation and communication with the public and antagonising the most active citizens. The restrictive measures the Kremlin has taken over the past few years with regard to NGOs prove that Russian decision-makers believe that any social initiative independent of the government may give rise to unrest, which is dangerous for the regime, and – given the economic slump – any unrest brings unnecessary political risk.

To know or not to know: collection and use of racial and ethnic data in Federal assistance programs; a report.

Prepared by Cynthia Norris Graae, Program analyst, Office of Federal Civil Rights Evaluation.

Toward equal educational opportunity : affirmative admissions programs at law and medical schools.

Includes bibliographical references.

Equal opportunities for Spanish-speaking people : Hearings, Ninety-third Congress, first session ... /

"Serial no. 32."

The unfinished business : twenty years later /

Issued Sept. 1977.

Statement by H. E. Manuel Trucco Ambassador of Chile to the Organization of American States, with reference to the OAS' acceptance of Chile's invitation to hold the sixth general assembly in Santiago /

On cover: Original: Spanish.

A Growing crisis : disadvantaged women and their children.

Item 288-A-5

Minority elderly services : new programs, old problems /

Part I: June 1982 ; part II: November 1982.

School desegregation in Corpus Christi : a report /

Includes bibliographical references.