Legal Pad Fall2016

Legal Pad FALL 2016 THE OFFICAL PUBLICATION OF THE NATIONAL BLACK LAW STUDENTS ASSOCIATION

Still We Rise: Embracing Our Past to Create a Better Future

"n.arianedavis91@gmail.com"

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National Update membership Education & Career Development Alumni Affairs advocacy competitions international affairs pre-law community service national convention

State of the regions 15 Mid-Atlantic Region 17 Southern Region 18 Southwest Region 20 Midwest region 22 northeast region 24 Western region Still we rise: embracing out past to create a better future 27 The voting rights act: A brief Overview of then and now by Stephanie Williams 29 cornrows and courts, braids and bans: an analysis of title vii’s impact on black women’s hair and employer grooming standards by Katelyn walker 31 education: the new civil right by michquel mccullough

Legal Pad Committee Members Earyn Edwards............................National Historian Rod Hickman.................................National Director of Programming Lendon Alexander.....................National director of communications Anise chukwudelunzu...............WRBLSA Historian Gabrielle rejouis.......................MaBLSA Director of communication Brittany Felder..........................mablsa attorney General Felise Ortiz...................................Mablsa historian

State of NBLSA

NBLSA in St. Louis at Press Conference at St. Louis City Hall

In April, the National Black Law Students Association embarked on a journey to rejuvenate, reform and reinvigorate black law students around the world.

In so doing, we committed ourselves to the theme “Embracing Our Legacy: Pursing Racial Justice and Lasting Social Impact.” The National and Regional Executive Boards met in Houston, Texas to strategically plan and collectively envision the historic 49th year of NBLSA. The Fall 2016 issue of the LegalPad will highlight the outstanding work of NBLSA across the country. As you will see, the strength of NBLSA is our chapters. Daily, our local BLSA chapters are engaged in robust advocacy, academic programming and substantial service within local communities.

Our advocacy is central to our mission. A few of our national advocacy efforts are below.

- Press Conference at St. Louis City Hall

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Testimonial before the American Bar Association Meeting in San Francisco Amicus Brief submission Public Comment submission to HUD and U.S. Sentencing Commission.

Voter Registration Drives Speaking at NAACP National Convention in Cincinnati Speaking at Millennial Voting Convening in Baltimore National Black Prosecutor Association Meeting in St. Louis

We had a successful meeting during the National Bar Association Annual Meeting in St. Louis and during the Congressional Black Caucus Weekend in Washington, DC. We were fortunate to work with leaders such as Benjamin Crump, Pamela Meanes, Rep. Shelia Jackson-Lee, Rep. John Conyers, Rep. Emanuel Cleaver, Kristin Clarke, just to name a few.

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In order to more closely connect and learn from our local leaders, we have launched a National Chair’s Listening Tour. To date, I have visited with BLSA leaders in all 6 regions in Washington, DC, Dallas, Chicago, Las Vegas, Miami and Ithaca, NY. It has been a pleasure visiting with each of you.

Finally, Convention preparation is upon us. I will visit each Regional Convention and our National Convention Committee is working hard to plan a historic National Convention in Houston, TX in March 2017. We need your help! Be sure to register early and see you in Houston!

1st stop on the Chair's Listening Tour with MABLSA leaders at American University School of Law in Washington, DC

Chair's Listening Tour with SWBLSA leaders at UNT School of Law in Dallas, TX

National Chair and National Attorney General with NBLSA's Lifetime Achievement Award recipient, U.S. Congressman John Conyers (D-MI) 2

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State of Membership It was my first day of law school, and one of the administrators introduced me to some upperclass students and staff around the building. She told me that I needed to meet someone specifically. Gabrielle Cleaves, the BLSA chapter president at that time, came down the hall and as soon as we were introduced, she immediately took me under her wing. She introduced me to other BLSA members, told me about the experience and how to navigate law school to be successful. I attribute my first year success to her leadership and her sisterhood.

Whether you are a pre-law student, a law student at a school with a chapter or no chapter, or an alumni student, you have a place at NBLSA. As a member, you will gain more support during the semester with study guides, attend conventions, participate in competitions and get interviews at the job fairs.

Become a member today at www.nblsa.org/membership.

Welcome to the family.

This is why I joined the National Black Law Students Association.

Our stories of how we got here may be a little different, but of all the ones I heard, one thing is consistent—students join NBLSA because, at the end of the day, they are joining a family.

There’s nothing like knowing there are people like you in your region and around the country pursuing the same goal of getting their law degree. And think about the long-term benefit… you have the opportunity to join a network of 6,000 NBLSA students and alumni from 190 schools and 44 states! THAT IS THE BEST BENEFIT. You may encounter an employer who was a NBLSA member, or even meet someone down the line in the boardroom or courtroom who was a NBLSA member. You never know! I guarantee you the membership fee is an investment for a life-long connection to the global National Black Law Students Association network.

Rebekah Gordon National Director of Membership Touro Law Center

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State of Education & Career Development The role of the Director of Education & Career Development is largely focused on the coordination and successful execution of regional job fairs and one national job fair, as well as continuously presenting employment and externship/internship opportunities to the NBLSA membership. This desk is also responsible for advertising, accepting, and collaborating to assess scholarship opportunities. This desk also corresponds with regional officers to address any concerns or potential opportunities directly affecting a particular region.

Website: http://nblsa.org/about/national-director-ofeducation-and-career-development/ Scholarships Sandy Brown Memorial Scholarship  The Executive Board of the National Black Law Students Association is pleased to announce the annual Sandy Brown Memorial Scholarship.

The scholarship is named after the late Sandy Brown, a past NBLSA western regional director.

Two (2) monetary awards (not less than $500) will be given commemorative of Ms. Brown. To be eligible to apply for the scholarship, you must be a rising second or third year law student. Applicants must write an essay on the issue posed by the essay question.

Rodney Pulliam Memorial Scholarship  The Executive Board is proud to announce the Rodney Pulliam Memorial Scholarship. The scholarship is in honor of, Rodney Pulliam, who served as our National Chair for the 1998-1999 academic year. Mr. Pulliam was an inspiration to all who knew him in service as a minister, husband, father, community activist, community servant and attorney. The scholarship shall be awarded in the amount of $500.00 to be used exclusively towards a Barbri Bar preparation course.

Nelson Mandela Scholarship  The scholarship’s namesake is the famed South African civil rights activist and political leader.

Mr. Mandela dedicated his life to liberating the people of South Africa from the oppressive hands of apartheid and segregation. The liberation efforts of Mr. Mandela are an inspiration to the members of NBLSA, which is why we choose to award this scholarship in his name. NBLSA takes great pride in the spirit of Mr. Mandela’s efforts to improve the state of affairs of Black people in South Africa.

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Symplicity https://law-nblsa-csm.symplicity.com/ Each day countless attorneys, firms, and government agencies contact NBLSA in regards to potential opportunities for our membership. The elected medium for distributing these opportunities is Symplicity.

Job Fairs The NBLSA Symplicity account is home to the registration and scheduling options for regional job fairs. On Symplicity students and employers can register for job fairs in their geographical vicinity, or have the option to explore information regarding any other NBLSA job fair. There are options for employers to register for interviews locations and interview times. There are also options for students to register for specific interviews with specific employers.

Internships/Externships When employers inform NBLSA of potential opportunities for our membership, these internships, externships, or jobs are then posted on NBLSA’s Symplicity for our membership to apply for. Many of these opportunities are region specific and most are time sensitive so we encourage students to consistently check for opportunities on our Symplicity account.

Terrod T. Torrence Director of Education and Career Development Florida International University School of Law

The Alumni Division of the National Black Law Students Association (NBLSA) welcomes you! This year we hope to continue to engage our alumni through different networking events with law students, community service opportunities, and by spotlighting the wonderful achievements you have made during your careers. Alumni continue to serve as a guiding light for current students in law school in showing us that we can accomplish our dreams. We once again want to take this time to congratulate recent graduates and those that have successfully passed their bar exams. We look forward to the great things in store for you and how you choose to pay it forward to your respective communities.

It is no secret that our alums are talented, respected, and distinguished professionals in their respective fields. We know that you made it to the top with persistence and pure determination to do well for yourselves as well as your communities. In light of the events over the recent years, we are hoping that our alumni can look for ways to give back to current BLSA law students. Although funding to help us continue to do programming that keeps our membership knowledgeable and engaged is important, we want to give all alumni an opportunity to give back in other ways as well. You may find some suggestions on opportunities to give back on the Alumni Division page in the upcoming weeks. The list is in no way exhaustive and individuals should feel free to contact the Alumni Affairs Director should they have other suggestions.

Moreover, the National Advisory Board continues to play a much needed role in supporting the current National Executive Board through mentorship and recommendations. The Division is also in discussions with different organizations that can assist both alums and students with opportunities to support and represent veterans as well as those organizations that focus on attorney and law student wellbeing.

NBLSA’s legacy depends on the active involvement of its alumni. We encourage you to sign up for membership on the NBLSA website to stay connected.

Candice Isaac Director of Alumni Affairs & Development West Virginia University College of Law

Additionally, this year we implemented the Education Task Force. The Education Task

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State of Alumni Affairs

CBC Weekend Black Alumni Reception

Force is composed of highly qualified legal educators who make recommendations that assist in improving, strengthening, expanding the knowledge base of the BLSA membership – current students and alumni. In the upcoming weeks, the Task Force will have its own Facebook group, which members will be able to join, which will allow students and alumni access to legal educators. The group will serve as a repository for a myriad of information about careers, professionalism, study skills, etc. as well as serve as a safe space for discussions around the state of current events.

Members who join will have access to legal educators across the nation as well as information that is not always readily available or accessible.

State of Advocacy

a successful rally.

NBLSA’s Advocacy Team has made incredible strides in judicial and grassroots advocacy. At our annual Joint Board Retreat in Houston, Texas in June the Advocacy Team kicked off the year with a panel on Harris County’s mass incarceration epidemic and local advocates roles in alleviating the problem through reform of the bail system. Harris County’s criminal justice reform advocates are currently experimenting with various measures, from eliminating the bond schedule altogether to creating a reintegration court to ensure that the mass of people in pre-trial detention for non-violent offenses are not held in jail simply because they cannot afford to make bail. In May, Equal Justice Under Law sued Harris County alleging unlawful bail practices and the matter is currently pending in the Southern District of Texas’ Houston Division.

In July, the National Executive Board convened in St. Louis, Missouri, alongside the National Bar Association Convention for our second in-person meeting. Because St. Louis County is home to Ferguson, the city that reignited the movement we are currently in, it was necessary that NBLSA call for a renewed commitment to criminal justice reform. On July 15th, NBLSA partnered with ArchCity Defenders, the ACLU, St. Louis Strong, Pamela Meanes, immediate past president of the NBA, Rev. Willie Marshall, St. Louis University School of Law BLSA, Karen Gwynn, member of the National Black Prosecutors Association, and the National Urban League for a press conference at City Hall. We had about 50 members in the audience and our conference was covered in several local news outlets.

To close out the summer, NBLSA prepared and submitted three public comments to the Department of Housing and Urban Development, U.S. Sentencing Commission, and the ABA Section of Legal Education and Admissions to the Bar:  NBLSA wrote a public comment in support of HUD’s proposed rule to “narrow the digital divide” and require jurisdictions building public housing to consider the availability of broadband and wireless connection when picking locations to build new housing.  The U.S. Sentencing Commission requested comments regarding what their agenda should be for the year. NBLSA wrote a comment that urged the commission to increase the age of majority from eighteen to an age where people are more psychologically mature.  The ABA Section on Legal Education and Admissions to the Bar proposed a rule that would endanger the life of law schools who had less than a 75% bar passage rate for any class within two years of their date of graduation. NBLSA wrote a comment and testified in opposition to the proposed rule because the rule would threaten the existence of several law schools that serve as pipelines for minority students and reduce diversity in the legal profession as a whole.

Although there was not one public comment or oral testimony given in support of the rule, the ABA passed the rule unanimously on September 16, 2016.

Later in July, NBLSA filed an Amicus Curiae Brief in support of the plaintiff in Buck v. Davis. In 1997, Duane Buck was sentenced to death in large part due to testimony from a psychologist who contended, scientifically, that Buck posed a future danger to society because he was black and he should be sentenced to death to protect society. Oral arguments are set to be heard by the Supreme Court on October 5th. Read our Amicus curiae brief here.

In response to the murders of Alton Sterling and Philando Castile, NBLSA organized a rally in Washington D.C. calling for an end to Police Brutality.

The rally was held on July 10, 2016. Community activists and dozens of BLSA members were present for 7

Jeremy McLymont National Director of Social Action Florida International University

September 15th-18th, the Advocacy Team held its Congressional Black Caucus Weekend in Washington, D.C. alongside the Congressional Black Caucus’ Annual Legislative Conference. We kicked off CBC weekend with our first panel titled “Ending Mass Incarceration, Police Brutality, and Rebuilding Community Trust,” featuring Carlton Mayers of the NAACP, Nicole Porter of the Sentencing Project, Alec Karakatsanis of Civil Rights corps, and Professor Josephine Ross of Howard University School of Law. The conversation centered around why we have a mass incarceration problem and how we can alleviate it. All of our panelists had unique points of view on the importance of releasing data that chronicled police shootings and the practicality of our justice system finding ways to punish offenders outside of incarceration. We also had a special guest, Rep. Sheila Jackson-Lee give impromptu remarks about the importance of black law students, the End Racial Profiling Act, and the Police Integrity and Trust Act.

opportunities to network with members of Congress, those in the non-profit advocacy field, and alumni and student members at our Alumni Awards reception where we honored Kristen Clarke of the Lawyers Committee for Civil Rights Under Law, Rep. John Conyers, Rep. Donna Edwards, former Dean Beverly McQuery Smith, Professor Justin Hansford, and Michelle Jawando of the Center for American Progress.

The same evening, we held our second panel titled “Critical Race Theory: The Future of the Movement, from Derrick Bell to Black Lives Matter” at Busboys & Poets. Our panelists were Professor Llezlie Coleman of American University Washington College of Law, Professor Gilda Daniels of University of Baltimore School of Law, Clint Smith III, PhD Candidate at Harvard University, and Khyla Craine of the Young Lawyers Division of the NBA. This panel focused on the importance of recognizing the Black experience and separate and unique from the white experience in the law and in society. We also explored Derrick Bell’s belief that racism will always persist in our society and in the law. After our substantive conversation, we heard remarks from special guest Judge Glenda Hatchett and Ms. Valerie Castile that put our academic and philosophical conversation in perspective. We ended the panel with artistic expression from our very own Marketing Coordinator, Jordan Gaither, a local Baltimore poet, Grim Jackson, our panelist Clint Smith. We also had special guest Rep. Emmanuel Cleaver attend the event.

NBLSA has partnered with the Lawyer’s Committee for Civil Rights Under Law to participate in the Election Protection Program with local BLSA chapters all over the nation. The Election Protection Program provides comprehensive voting information through voter helplines and BLSA members throughout the nation will volunteer their time on election day to help other voters work their election day questions and concerns.

In response to the more recent Police shootings in Charlotte and Tulsa, the Advocacy Team has drafted a letter that was distributed to the entire BLSA membership. The Advocacy Team asked every BLSA chapter to get together to read the letter to their classmates at their respective schools. The letter was drafted to raise awareness and to have our voices heard on a bigger scale. The letter discusses the psychological toll of witnessing police brutality and having our cries for justice go unheard. The letter can be found here.

The Advocacy Team is hard at work planning for the last quarter of the year where we will have an advocacy event alongside our National Executive Board meeting in January in Seattle, Washington, release a White Paper on a topic to be determined, and host our annual Government and Hill lobby day in DC and through our six regions. The Advocacy Team would love to hear from you and we welcome any questions, ideas, concerns, or comments to Maureen Edobor at ag@nblsa.org

On Saturday, we had our last panel titled “From Katrina to Flint: Environmental Racial Justice” featuring former Congressman Joseph Gibons, Leslie Fields of the Sierra club, Professor Patrice Simms of Howard University School of law, Danielle Baussan of the Center for American Progress, Khalil Shahyd of NRDC, and Damien Jones of the Union of Concerned Scientists. This panel explored what environmental justice is and how and why this is an issue that affects people of color in their daily lives, from the air they breathe to the water they drink.

Maureen Edobar National Attorney General Washington and Lee Law School

Throughout the weekend, our membership had several

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State of Competitions This year marks the 41st anniversary of the Frederick Douglass Moot Court Competition (“FDMCC”), which has been a vital part of NBLSA’s programming since 1975.

Throughout the years, the FDMCC has provided hundreds of teams from across the nation with invaluable resources and opportunities to: (1) develop their appellate advocacy through oral arguments and brief writing; (2) network with attorneys who come from a range of practices; and (3) connect with like-minded law students from all different walks of life. Each team will compete within their region to gain access to the national competition that will be held from March 7-12 in Houston, Texas this year. Just as it has always been in the past, the FDMCC competitors will argue novel and convoluted issues in the legal profession.

The Thurgood Marshall Mock Trial Competition (TMMTC), while only in its 14th year, is one of the largest, most respected law school mock trial competitions in the country. Each year, hundreds of teams of four compete at the regional level in hopes of earning one of the top three spots to receive a bid to Nationals, which will take place on March 7-12 in Houston, TX. Each team of four will prepare both sides of this year’s civil case, and trade off playing attorneys and witnesses for each side. TMMTC is an excellent and unique opportunity to develop skills in legal

argumentation, trial advocacy, public speaking, and teamwork. Teams will square off against one another and try their cases before practitioners who will be able to offer valuable feedback on their performances.

Amanda Odorimah Nelson Mandela International Negotiations Competition Director University of Baltimore Law School

Named after Nelson Mandela, one of the greatest negotiators in history, The Nelson Mandela International Negotiations Competition (“NMINC”), is one of the three premiere competitions that take place during the NBLSA convention. The 2017 competition will take place March 7th 12th, in Houston, TX. In teams of two, competitors utilize vital negotiation skills to create options and resolve disputes. These disputes are based on real-world international and domestic issues. Negotiating these disputes will prepare law students for negotiation in their future legal careers. At the end of each round, competitors will receive constructive feedback from legal practitioners and learn new styles of negotiation. Because the vast majority of cases settle prior to trial, this competition helps law students become aware of, and experience, the unique aspects of legal negotiations in the global sphere.

Tatiana Cody National Director of the Thurgood Marshall Competition The George Washington School of Law

Click below to view past competitions in action https://youtu.be/ryywyrcQcqA

Victoria Salami National Director of the Federick Douglass Moot Court Competition Rutgers University School of Law 9

We hope the AIDS day initiative will help raise awareness about an issue plaguing which not only affects individuals but also tribes and countries. “Soles 4 Souls” provides students with the opportunity to donate their shoes to individuals in need.

Additionally, we plan to reignite NBLSA C.A.R.E.S, which will allow NBLSA students to make a lasting impact on the lives of others while gaining a more thorough understanding of struggles and realities faced by the populations they are serving.

We are currently planning a trip to India and Haiti where students will have opportunities to meet other law students and learn about issues that are

important in other countries in addition to learning how the intricacies of the law and how it functions in abroad.

State of International Affairs

This year the National Black Law Student Association is focused on creating a greater awareness of international issues that affect and unite members worldwide.

We recognize the importance of creating a strong bond not only between law students within the U.S. but also those outside of it as we all have similar struggles.

This year we will focus on “National AIDS Day” and the “Soles 4 Souls” initiative.

So far as the NBLSA International Director I have traveled to Abu Dhabi, Dubai, Amsterdam, Paris, and Brazil where I have met with other law students and or organizations to gain a better understanding of the cultural climates and issues that are prevalent within the individual countries. The trips that I have taken this year have given me a deepened understanding and appreciation of individual cultures and their beliefs. While partnerships and a willingness to learn shows us what makes us different it also teaches us what unifies us and how we can uplift our fellow BLSA students across the world.

I would like to encourage anyone that is interested in travel abroad to reach out to NBLSA for more information on how to have an impact on an Shaquana Ellison National Director of International international level.

Relations Emory University School of Law

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State of Pre-Law

The Pre-Law Division has worked diligently since the summer to bring greater visibility to the work done on behalf of undergraduate students. We are working to expand offerings available to pre-law students through programming, scholarships, and member exclusive content.

Because we have all been "struggling" college students at one point or another, a key change has been to lower PLD dues to $10 for every student, everywhere. By keeping more money in pre-law students' pockets, we are putting our money where our mouth is on their behalf by creating new corporate partnerships that we hope will provide long into the future for our pre-law members.

deep culture that is beyond compare. If this sounds like something you'd like to be a part of, become a member today. If you've got friends who feel the same, charter a chapter.

We are here to serve you. Please direct all inquiries, cares, comments, and concerns to prelaw@nblsa.org and we will do our best to get you the guidance you need.

We want our members to be the best possible candidates for law school admission. To that end, we have 2 live offerings for pre-law students right now: 

Pre-Law Fellows Program

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The Nelson Mandela Scholarship

We encourage any and all qualified students to apply. Please follow the included links for further information. Membership is a requirement for the Pre-Law Fellows program. Join up here.

This year the Pre-Law Division of NBLSA aims to REPRESENT. We represent you, the student. We represent the best the legal profession will soon have to offer. And, most importantly, we represent a rich,

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Gennelle Chatman National Director of Pre-Law Division Thomas M. Cooley Law School

State of Community Service This year, our theme for community service is, “Embracing our Community: A Commitment to Service, Social Advocacy, and Access to Justice.�

NBLSA worked with the District of Columbia Office of the State Superintendent of Education and Friendship Public Charter Schools Head of Schools, Ms. Peggy Jones, to plan a robust and meaningful workshop on the importance of the "Black Lives Matter" movement, college education and the youth impact on civil rights and social justice issues.

The presentation began with a fiery speech from Emmy Nominated, Judge Glenda A. Hatchett ("Judge Hatchett" Television Show, "The Verdict with Judge Hatchett", & Family Attorney for Philando Castile) to a cafeteria filled with bright eyed students, teachers, and school administrators listening and being inspired to take charge of their own destiny and stand up for their communities.

If there were ever a time to dedicate ourselves to serving our communities, that time is right now. On Friday September 16, 2016, NBLSA hosted it's annual Congressional Black Caucus Foundation Community Service project entitled: "Ingite! Coalition Building, Youth Education and Social Justice" at Friendship Tech Prep Academy in Washington, DC. Friendship Tech Prep Academy is a 6-12 Public Charter School located in Southeast DC. Their program focuses on providing students with opportunities to develop skills in science, technology, engineering and math through robotics programs, engineering classes, hands-on science curriculum, and the use of technology such as iPads and Smartboards.

Judge Hatchett was then followed by a speech from Ms. Valerie Castile (Mother of Minnesota Police Shooting Victim Philando Castile) on the importance of gaining a good education and using the education to effectuate positive changes in the criminal justice system and the black community.

Friendship Tech Prep Academy's goal is preparing students for higher education and the career of their choice by ensuring mastery of skills, knowledge, and tools needed to succeed in the 21st century green global economy. However, the most unique characteristic of Friendship Tech Prep Academy was their high level of social activism and passion to pursuing solutions that seek to eliminate racial injustices in America.

After hearing from the speakers, the NBLSA volunteers divided students into small groups and discussed various topics ranging from social activism, racial biases, barriers to education, poverty, and career goals. Each group had 1 to 2 students report what they felt they accomplished that day. At the conclusion of the program, Friendship shared a video of the students march to the U.S. Capitol and challenged NBLSA to continue to get involved with their school and other schools in the community.

After NBLSA learned of Friendship's "Black Lives Matter" student club protest to the U.S. Capital, they knew partnering with Friendship for community service would be monumental.

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NBLSA's time at Friendship was momentous. However it is only the beginning. Embracing the community is a personal call to action that we invite every BLSA Chapter to respond to.

We've outlined many ways BLSA chapters can seize opportunities that will make an impact locally and nationally in the 2016 - 2017 NBLSA Community Service Platform. From participating in the NBLSA C.A.R.E.S. Mission trip to Haiti this winter holiday or volunteering at our very first NBLSA Legal Clinic in conjunction with the Houston Bar Association during the National Convention in Houston.

Our time is now and we have been called to help lift up our communities. We look forward to working with all of you this year and I leave you with the words of the great Charles Hamilton Houston; "A lawyer is either a social engineer, or a parasite on society."

NBLSA with Judge Hatchett and Ms. Valerie Castile

Marcus Sandifer National Director of Community Service Emory University School of Law NBLSA at Ignite! Coalition Building, Youth Education and Social Justice Community Service Event at Friendship Tech Prep Academy

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State of MABLSA

With exciting and thought-provoking past events such as our Leadership and Alumni Weekend and our Pre-Law Bootcamp, and upcoming events such as our Fall Academic & Professional Development Retreat and Community Service Weekend, the Mid-Atlantic Region of NBLSA has been working in the 2016-2017 term to Embrace our Past Endeavors, Engage our Present Challenges, and Equip our Future Leaders.

In the coming days, MABLSA will hold an Academic Retreat in Philadelphia, PA, as well as Community Service Project and Panel in Richmond, VA. Guided by our members and supported by the work of a dynamic and dedicated Regional Board, MABLSA is On The Move!

Beginning with our Leadership and Alumni Weekend, MABLSA chapter leaders and alumni joined legal practitioners at the American University Washington College of Law for leadership training and engaging social justice and advocacy panels, featuring officials from the Maryland Attorney General’s office and Jason Downs, counsel to the family of the late Freddie Gray. In addition to our Leadership Training, MABLSA welcomed 29 different employers to Washington, DC to conduct interviews for summer and other positions for nearly 100 students.

The three-day event culminated with the Alumni Celebration Brunch where MABLSA was able to not only celebrate with alumni such as Halimah Najeb-Locke, the 45th NBLSA National Chair, and Shannon Schoultz, the 2014-2015 MABLSA Regional Vice Chair, but the Region also supported a long-standing black owned business in the DC area.

MABLSA is also preparing the next generation of legal minds, as evidenced by its Pre-Law Boot Camp. Also held in DC and spearheaded by Nicole Franks, the Regional Director of the MABLSA Pre-Law Division, and Felise Ortiz, MABLSA Historian, the event served nearly 50 undergraduate students and working professionals interested in pursuing a legal education.

Mark Dunham MABLSA Regional Chair American University Washington College of Law

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Click Here for Information for MABLSA's 49th Regional Convention

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State of SRBLSA

Our theme this year is “Together We Rise: Lifting Up a New Generation of Justice Advocates.� In keeping with this theme, the Southern Region is tailoring its programming this year around building up our membership to prepare them for the legal landscape. Simultaneously, we are addressing the prominent social issues of our time from Black Lives Matter to Voting Rights.

This summer, the region hit the ground running by offering professional development alongside the interview sessions at Southeast Minority Job Fair in Atlanta, Georgia. Successful legal professionals talked with SEMJF attendees about building their brand, answering difficult interview questions, finding the right firm, and planning for the future.

With 2016 being an election year, the Southern Region also began to focus on voter registration. Additionally, many of our chapters will be participating in poll monitoring during the early voting periods and on election day.

and national initiatives to our chapter presidents. We will also have local attorneys and BLSA alums address or chapter leaderships on legal and social issues affecting the minority community.

Our signature event, the Southern Region Convention, will be held in Atlanta, Georgia and the Sheraton Atlanta Hotel from February 1-5, 2017. We will have a great slate of speakers and Continuing Legal Education (CLE) events along with our second job fair of the year. Georgia State University will host the Thurgood Marshall Mock Trial and the Frederick Douglas Moot Court Competitions.

The convention will culminate with a gala and awards ceremony.

It is a great time to be a BLSA member. It is an ever greater time to be a member of the Sophisticated Southern Region.

The Southern Region participated in the 2016 Congressional Black Caucus in Washington, D.C. During event, the Region Chair and Vice-Chair engaged members of Congress in areas of voting rights and criminal justice reform. They also had the opportunity to speak with children at the Friendship Academy about setting goal and achieving success.

Travis Thomas SRBLSA Regional Chair Cumberland School of Law

Over the fall semester, the Southern Region will conduct academic retreats in Oxford, Mississippi; Birmingham, Alabama; and Florida. Additionally, we are conducting our Chapter Leadership Retreat and Job Fair at Florida International University School of Law in Miami, Florida. During the retreat, we will further explain our regional 17

State of SWBLSA SWBLSA is on the move during its inaugural year! Our monumental region change inspired this year’s theme “Revamping the Blueprint: Fostering a New Legacy.” As we navigate this new NBLSA year, retention and recruitment are a huge focus. We have a dedicated and hardworking team excited to progress SWBLSA academically, socially and professionally. A few of our goals are to revitalize our infrastructure, remind our members of the benefits and mission of NBLSA, and increase our membership, advocacy and service.

We have already executed several successful events to enhance our law students academic and professional development. In August, SWBLSA hosted its Job Fair at The University of Houston Law Center. We were very proud of the progress we made from last year with a 72% increase in the number of participating employers, 37% increase of participating students, 101% increase in the number of bids placed by students, 54% increase of the number of students who received interview invitations, and a 100% increase of the number of students who secured interviews. We also recently hosted the inaugural Academic and Leadership Retreat in Dallas, Texas! Attendees were able to receive useful information, tools and resources from legal practitioners to hone their legal skills, excel in the academic year, and further in the legal profession. The leadership programming of the retreat educated chapter leaders on national and regional initiatives, promoted partnerships and collaborations and assisted in developing an executive plan for each chapter to ensure a successful NBLSA year.

Traci Gibson SWBLSA Regional Chair University of Houston Law Center

General disseminates monthly articles via our Legal Pad, on issues affecting the Black Community. We have now extended the opportunity to the entire region to have student articles featured on the SWBLSA Legal Pad. SWBLSA also had a strong presence at Congressional Black Caucus weekend in Washington D.C. where we delved into important topics ranging from social justice and criminal justice reform to environmental justice.

We also executed our first virtual program, Inferno, through facebook live, which was a hot topic discussion on news, trends and their legal implications. SWBLSA has also been working hard to keep the region engaged in the Presidential race.

Chapters across the region have been partnering with the League of Women Voters hosting voter registration drives in conjunction with BLSA Day of Service. So far we have registered over 500 people!

SWBLSA has also been striving to implement the national theme “Embracing our Legacy: Pursuing Racial Justice and Lasting Social Action”. We have launched our new advocacy site, www.swblsa.org in which our Attorney

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Current SWBLSA programming includes The Hunger Games, a canned food drive competition between chapters, Breaking Down the Vote, a live streamed series of panels analyzing the election, and a regional Pre-Law Symposium, maximizing prospective minority students’ ability to get into law school. We are excited to continue providing economic, political and social opportunities to the region through our various programs. We are also increasing our outreach to alumni to foster better relationships with those who have come before us, so they can assist us in paving the way. We hope to have continued success in laying the foundation for our new region. Region of the Year here we come!

Early Registration October 1, 2016- October 22, 2016 Regular Registration October 23, 2016- November 30, 2016 SWBLSA Job Fair

Late Registration December 1, 2016- December 17, 2016

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State of MWBLSA The Midwest Region of NBLSA (MWBLSA) is working to provide quality academic and professional support that helps its members with their studies, mental health, and professional aspirations. Our two primary events for 2016-17 year are the Academic and Leadership Retreat and the Regional Convention.

Our annual Academic and Leadership Retreat was held in the great city of Chicago. Loyola University of Law graciously hosted students from all over the region, and helped make the event a huge success. Speakers shared tips on topics ranging from outlining to repaying student debt. Board members shared insights on their positions and answered questions for the next generation of MWBLSA leaders. Our attorney panels featured an exceptional panel of attorneys from a variety of practice areas, including government and the Federal Courts.

MWBLSA supporter, Skadden, Arps, Slate, Meagher & Flom, LLP, graciously hosted a generous networking reception at their downtown offices.

Building on the competition successes from 2016, the MWBLSA board has secured courtroom space in Cleveland’s Historic Old Courthouse for our Frederick Douglass Moot Court and Mock Trial Competitions.

Competitors will have the opportunity to argue in a historic venue worthy of the prestige of the Frederick Douglass Moot Court and Mock Trial Competitions.

On a local level, our chapters have been busy providing opportunities for academic and professional development, as well as community development and social action projects.

The Cleveland Marshall College of Law BLSA chapter has been particularly active. So far this year they’ve hosted multiple receptions and dinners for chapter members, faculty and campus leadership. Volunteers helped register voters, passed out HIV testing kits, and helped raise awareness of pressing issues facing the black community in Ohio. Cleveland’s BLSA chapter also has a Black Lives Matter/Blue Lives Matter panel discussion planned.

MWBLSA’s Regional Convention is scheduled for February 21-26, 2017 in Cleveland, Ohio.

Programming is still being developed, so if you have topics you’d like to see, please be sure to reach out to our Programming Director, Kelynn Carter, at mwblsa.programming@nblsa.org.

The Michigan State University Law BLSA member volunteered at Elle’s place, a healing center for grieving children and teens. They also helped students get business cards to make a great impression on future employers, and hosted a great Welcome-Back BBQ for new and returning members.

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The Salmon P. Chase Law School BLSA chapter members spend time regularly with the Cincinnati Boys & Girls Club. BLSA member volunteers interact with kids in a fun-filled “Game Night” and recently partnered with the Cincinnati Bar Association to conduct an anti-bullying workshop. Many children in our communities do not have the opportunity to personally interact with attorneys and law students, much less establish ongoing relationships. Events like this help to provide role models for our next generation of leaders and activists.

University of Wisconsin BLSA is planning a collaboration with the National Lawyers Guild centered on mass incarceration. The event is a callto-action forum to show participants how law students can create a positive impact on the criminal justice. BLSA members have also planned a special screening of the movie “13” by Ava DuVernay, with a special panel discussion featuring UW professors.

Marquette University volunteers partnered with the Law Offices of Odalu Ohiku to host a Backpack Giveaway for Milwaukee children, featuring lunch, games and prizes for the children. MUBLSA is also hosting a speaker event called, “Lenses of Law.” This event will feature panelists who will share different avenues for JD recipients that do not follow the traditional law firm path.

University of Illinois at Urbana-Champaign BLSA hosted an event called, “Demystifying the Grand Jury.” Participants re-enacted scenes from Darren Wilson’s Grand Jury proceedings using the actual transcripts. The event was followed by a panel discussion of the legal and social implications of the grand jury’s verdict on this, and other case, and the subsequent impact on our nation’s climate.

Does your chapter have great events planned, or successes you would like to celebrate? What about great ideas for how NBLSA can better impact our communities or start a national discussion of bigger issues? Be sure to share your ideas with your regional and national BLSA peers by emailing them to Regional Chair, Kendrick Yandell, at Midwest@nblsa.org.

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Kendrick Yandell MWBLSA Regional Chair University of Wisconsin Law School

State of NEBLSA The theme for the Northeast Region of the Black Law Student's Association (NEBLSA) for 2016-2017 is “Cultivating Leadership and Engaging our Communities.� This year NEBLSA is committed to empowering our members to become more active in local, regional and national activities. We have also made a concerted effort to partner with other organizations - both professional and community based. Members have also taken part in community service projects with organizations like "Harlem Mothers S.A.V.E." and with professional organizations, such as the Metropolitan Black Bar Association (MBBA).

Our annual leadership retreat was also held at NYLS. Over 30 regional leaders and chapter presidents attended the retreat. We discussed best practices in running a chapter, gave an overview of the plan for the region, and encouraged our leaders to increase their impact within their local communities.

COMMUNITY SERVICE In the fall we participated in a backpack giveaway, held by the MBBA. NEBLSA partially sponsored the event. We also gave away wintergoods to those in need, in a partnership with Harlem Mothers S.A.V.E. 48 people were served. Future projects include working with foster kids for a day, college preparatory workshops for high school students during convention, and a service project focused on Black History Month.

In November 2016 many of our board members will participate in the "The National Pre-Law Conference and Law Fair." The region will also sponsor a networking event after the conference. Like the National Board, our Region has been trying to be visible within our local communities so that we can have a lasting impact.

ALUMNI AFFAIRS We will be hosting 1 main alumni event in November 2016. During the spring we will be holding an alumni cookout and will be selling tshirts and hats.

The 49th Annual NEBLSA Regional Convention will be held in Boston, MA, January 25 - 29, 2017. We are especially excited for our Pre-Law Day on January 27, 2017, where undergraduate students will have the opportunity to give back to local high school students before learning valuable information about law school from law students and legal professionals. This year non-board members will develop and present panels and workshops for our undergraduate members.

PRE-LAW This year we have received correspondence from several undergraduate students who are looking to charter pre-law NBLSA chapters. We are encouraged by this activity. The NEBLSA Regional Chair and the Regional Pre-law Director will be visiting existing and potential chapters throughout the year.

JOB FAIR AND LEADERSHIP RETREAT The NEBLSA Job Fair was held at New York Law School (NYLS) for a fifth year. We are grateful for the law school's partnership and continued support of the region. During the fair over 100 students participated in interviews involving 65 employers. We raised over $40,000. We are in the process of collecting date regarding how many actual jobs were received via the job fair.

Immediately after the fair we hosted an

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COMMUNITY OUTREACH The Chair has dedicated his time to begin developing more concrete relationships between NEBLSA and community-based organizations.

In addition, he has challenged each chapter to co-sponsor an event with a local communitybased organization near their law schools.

Greg Kimble, Jr. NEBLSA Regional Chair Brooklyn Law School

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State of WRBLSA Western Region. If you meet students and or know of schools that would like to reactivate or establish their BLSA chapter, please direct them to your Regional Chair and Membership Director. Let's continue to expand West Excellence. ~Rachel James WRBLSA Director of Membership Development wrblsa.membership@nblsa.org

Spanning over 3000 miles, the Western Region of the National Black Law Students Association is an integral part of NBLSA. Our members are diverse and their commitment to the community is strong.

BLSA means so much to so many all around the globe. As I have traveled to many parts of the Western Region, I hear stories of the support members receive from their local chapters, BLSA Alumni, schools and communities. It is excellent to know that this bonding experience plays key role in their success at law school. That is what BLSA is all about. In order to succeed professionally, excel academically and positively impact the community, we must support each other. I know that my BLSA ohana has meant so much to me. To have the support and investment of members and alumni throughout our region is empowering. It is inspiring to know that there are Black and minority law students and legal professionals all around that world committed to the mission and vision of NBLSA.

Members of the WRBLSA Executive Board with NBLSA Founder, AJ Cooper, at JRB. During the 2016 NBLSA Joint Board Retreat, NBLSA founder AJ Cooper said that “Chapters are the bedrock of this organization.” That is very true. It was so wonderful to spend time with Chapter Leaders from all across the Western Region during this year’s Chapter Leadership Retreat in beautiful Lake Tahoe. UCLA BLSA President, Caleb Jackson, shared that his school takes part in a youth justice clinic. WRBLSA Moot Court Director and Humprey’s BLSA President, Allyson Robinson, shared that her school is actively working with underserved communities to make a difference.

Santa Clara Law BLSA President Dereck Rovaris shared that his school has seen a sizable increase in the number of Black students this year. If you'd like to showcase your chapter’s success, please contact WRBLSA Director of Communications wrblsa.communications@nblsa.org.

This year WRBLSA has some big goals. Many would ask if being back to back Region of the Region recipient is the top goal? Is it a goal? Yes, of course.

Is it a top goal? To that I say no. We do not work for the recognition but for the mission. WRBLSA’s theme this year is “West Excellence: Building on the Best to Foster a Legacy of Strong Advocates and Communities for a Better Tomorrow, Today.” Our goals are to increase social action and community engagement impact, increase member participation and to increase the pipeline of Black and minority students to and through law school. The WRBLSA Executive Board along with Chapter Leaders have worked collaboratively on ways in which to achieve these goals. We can’t reach these goals without the support of our excellent members and supporters.

Thank you to UCLA School of Law for being great hosts for WRBLSA’s annual job fair again this year. We saw an increase in the attendance for firms and organizations who are committed to diversity. Thank you the United States Air Force JAG for being our premiere sponsors for the job fair. NBLSA members came from all over the country to participate in this job fair. USC BLSA President Adria Harris was so thankful to attend the job fair and was intentional about sharing with her members to prepare for next year. She and many other BLSA members have been in contact to thank WRBLSA for helping them secure jobs that will likely be life changing. We followed up the job fair by hosting the West Excellence: Member & Alumni Reception at black owned restaurant, Brownstone Bistro. We had a phenomenal time meeting members from as far as New York over some amazing food.

The West is growing! We are happy to have welcomed Utah, Colorado at New Mexico to the WRBLSA ohana. Not only are we growing by the number of states but many schools have reached out to start BLSA chapters are their schools. Sydney Amis from Chapman Fowler School of Law wrote “I am sure that the National Black Law Student Association has the resources necessary to help us make an impact on diversity at Chapman’s law school.” It is encouraging to know that people see the value and meaning of NBLSA. We'd like to welcome back the Brighman Young University's Black Law Student Association Chapter to the

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One of the ways in which we wanted to achieve our goal of increased member participation was to host the Western Regional Academic Retreat to be meaningful and impactful where members could connect with one another, legal professionals and the community. We gleaned knowledge from a plethora of great panelists and speakers. This year’s Academic Retreat was excellent and a year of “firsts.” From Nevada’s first and only Black Supreme Court Justice, to Nevada’s first Black State Bar President, to UNLV’s first Black law professor and Chancellor, this year’s Academic Retreat was excellent and inspiring. To top it all off, NBLSA Founder A.J. Cooper spoke via video conference during our Social Justice Luncheon. One of the great things that stood out was when a past panelist was invited back and brought another panelist who wanted to diversify his law firm to the retreat because he knew NBLSA was the place to go. We extend thanks and WRBLSA Love to Ballard Spahr LLP for hosting a wonderful West Excellence: Academic Retreat Reception at their Las Vegas office. We’d also like to thank the UNLV Boyd School of Law for once again being amazing hosts.

Investing in Black owned businesses is a priority for WRBLSA. Soul Food Cafe Express showed up and out with phenomenal food and service.

We look forward to seeing everyone at the 49th Annual West Excellence: Western Regional NBLSA Convention taking place January 4-8, 2017 at Seattle University School of Law. This year’s convention theme is West Excellence: Building on the Best with each day having a different theme to engage attendees. You will have the opportunity to positively impact the community through community service and pro bono clinics, meet with recruiting managers and legal professionals and position yourself and school for a better tomorrow, today. Your convention registration cost covers: attendance at all panels and workshops, access to nightlife and mixers, attendance at plenary sessions, access to the Annual Awards Dinner Gala and Reception at the Top of the Hilton with 360 degree views of Seattle.

Please go to www.tinyurl.com/WRBLSA2017Convention to get more information and to register.

WRBLSA Director of Community Service remarks, “Members of the Western Regional board, accompanied by other regional chapter members, and our esteemed National Chair of NBLSA returned to Andre Agassi Preparatory Academy for another fulfilling morning of service on Friday October 7, 2016. We were honored to present our guest speaker, Dr. Kristen Guillory, to a very inspired group of around 50 Seventh and Eighth grade students. Dr. Guillory, as well as members of the board, were able to get the students excited, involved and eager to engage with BLSA members.

The Western Region celebrated a very successful and impactful event, uplifting and encouraging our minority youth for the amazing individuals they are!” Please share the awesome community service initiatives taking place with your chapter. ~JodiKaye Haber WRBLSA Director of Community Service wrblsa.service@nblsa.org “The Western Regional NBLSA Convention planning is well on its way! Seattle University School of Law is both honored and elated to show the region that there is strength in numbers among those smaller chapters in the Pacific Northwest!” ~ Brittany Torrence WRBLSA Pacific Northwest SubRegional Director We look forward to seeing everyone at the 49th Annual West Excellence: Western Regional NBLSA Convention taking place January 4-8, 2017 at Seattle University School of Law. This year’s

Leslee Matthews WRBLSA Regional Chair William S. Richardson School of Law

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Stephanie Williams Chase College of Law The Voting Rights Act: A Brief Overview of Then and Now "The Voting Rights Act of 1965 employed extraordinary measures to address an extraordinary problem."1

The upcoming presidential election will be the first election held since 1965 in which the Voting Rights Act (VRA) does not require federal preclearance for voting changes in states which have historically disenfranchised minority voters.2 The landmark legislation signed into law on August 7, 1965 by President Lyndon B. Johnson was the pinnacle of the Civil Rights movement and a necessary response to blatant discrimination and violence aimed primarily at African-Americans throughout the 1950s and 60s. The Civil Rights movement was subsequent to a mere fourteen years of Reconstruction preceded by ninety years of Jim Crow laws.3 Since its passage, Congress has reauthorized the Act four times: in 1970,4 1975,5 1982,6 and most recently in 2006.7 The 2006 reauthorization was passed almost unanimously; the House vote was 330-3 and the Senate vote was 98-0.8 Evidence presented at the reauthorization hearing revealed that over 3,000 discriminatory voting changes have been denied under the mandated preclearance section of the Act, validating its reauthorization for another twenty-five years.9 The VRA was effectively preventing States from implementing voting practices that disenfranchise minorities at disproportionate rates.

The efficacy of the VRA came to a screeching halt in 2013 when the Supreme

Court, in a 5-4 decision in Shelby County v.

Holder, ruled that a vital piece of the Act was unconstitutional.10 Sections 4 and 5 ensured that states and counties with historical problems suppressing minority voters were transparent with changes made to local voting processes. Section 5 required areas with identified track records of discrimination to have all voting changes approved by the federal government before enacting these changes; Section 4 supplied the formula that identified these areas.11 The Court in Shelby County determined that the way these areas were being identified was unconstitutional,12 resulting in states now having the ability to make voting changes without prior approval. Without Section 4 of the VRA, Section 5 was rendered unenforceable. The effect of the Shelby County ruling was immediate and has led to many previously eligible voters now being disenfranchised through discriminatory voting registration and photo identification requirements in multiple states, an overwhelming majority of whom are racial minorities.

Between the years of 2011 and 2015 almost four hundred new voting provisions were proposed in forty-nine states,13 many creating a disenfranchising effect on minority populations. Prior to 2013, many of these provisions were denied by the federal government but after the Shelby County ruling states were able to make

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changes without oversight and in many states enacted the same provisions previously denied by the federal government on the basis of discriminatory effect.

Many of these laws have been challenged in federal courts resulting in federal judges throughout the country striking down state election and voter laws.

The first state to have a federal judge strike down parts of its voter identification laws was Texas, the state with the strictest voter identification laws in the nation, and federal judges in other circuits soon followed. A Texas district court held that SB 14 was enacted with a racially discriminatory purpose, has a racially discriminatory effect, and unconstitutionally burdens the right to vote.14 SB 14 requires very specific types of identification, which include a concealed handgun license but exclude many other forms of identification, like student IDs. The Fifth Circuit affirmed the district court’s holding that SB 14 violates Section 2 of the VRA through its discriminatory effects.15 Two states in different federal circuits, North Carolina and Wisconsin, had laws relating to voter registration and identification requirements struck down on the same day in July by federal judges. A federal judge in North Carolina found new voting provisions “target African-

Americans with almost surgical precision . . .”16 and overruled a state court ruling that the provisions were not discriminatory.

The voting changes proposed were directed at five areas of the voting process which disproportionately affect AfricanAmericans: many forms of alternative photo IDs were excluded; the early voting period was shortened; and same-day registration, out-of-precinct voting, and preregistration were eliminated.17 Prior to making these changes, state legislators received racial data spelling out which groups would be affected by these changes and moved forward with the provisions based on those results.18 Wisconsin voter identification laws were challenged as unconstitutional in state and federal court before the laws were struck down in federal court.19 A case decided in July found that in-person absentee voting restrictions were intentionally discriminating on the basis of race in violation of the Fifteenth Amendment.20 The district court judge described the strict voter identification law as “a cure worse than the disease.”21 In sum, many of the reasons behind the enactment of the VRA are still relevant today. This November we will witness the first presidential election in over fifty years conducted without the crucial protections of the VRA.

1 Shelby

Cty. v. Holder, 133 S. Ct. 2612, 2618 (2013).

Voting Rts. Act 1965, Pub. L. 89-110, 79 Stat. 437.

ARI BERMAN, GIVE US THE BALLOT: THE MODERN STRUGGLE FOR VOTING RIGHTS IN AMERICA 11 (2015).

4 Voting Rts. Act Amend. 1970, Pub. L. 91-285, 84 Stat. 314.

5 Voting Rts. Act 1965, amend. 1975 Pub. L. 94-73, 89 Stat. 400.

6 Voting Rts. Act Amend. 1982, Pub. L. 97-205, 96 Stat. 131.

7 Fannie Lou Hamer, Rosa Parks, & Coretta Scott King Voting Rts. Act Reauth. & Amend. Act 2006, Pub. L. 109-246, 120 Stat. 577.

8 BERMAN at 242-3.

9 Id. at 7.

10 133 S. Ct. at 2631.

11 Pub. L. 89-110, 79 Stat. 437.

12 133 S. Ct. at 2630.

13 BERMAN at 13.

14 Veasey v. Abbott, 2016 U.S. App. LEXIS 13255, 6 (5th Cir. Tex. July 20, 2016).

15 Id. at 141.

16 N.C. State Conf. NAACP v. McCrory, 2016 U.S. App. LEXIS 13797, 9 (4th Cir. N.C. July 29, 2016).

17 Id. at 21.

18 Id. at 13.

19 One Wisconsin Inst., Inc. v. Thomsen, 2016 U.S. Dist. LEXIS 100178, 10 (W.D. Wis. July 29, 2016).

20 Id. at 9.

21 Id. at 6.

2 3

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Katelyn Walker The George Washington School of Law Cornrows and Courts, Braids and Bans: An Analysis of Title VII’s Impact on Black Women’s Hair and Employer Grooming Standards

About 25 years ago, Paulette Caldwell wrote her groundbreaking work regarding intersectionality, Black women’s bodies, and the ways in which Black women’s hair acts as a medium for subjugation.1 Caldwell critically examined the ways in which courts—irrespective of their intent—ignore the inextricable relationship between gender, race, and hair creating opportunities for employers and others to exercise enormous control over Black women and their bodies. Obviously, employers have a right to maintain a professional workplace, but those standards should not be rooted in racist ideologies. When employers prevent Black women from wearing their hair in its natural texture—relying on a false commitment to professional grooming— they actually further a historical practice of racial domination.2 These rituals are reminiscent of sexist grooming regulations of the past—and present—that required professional women to wear skirts.3 Today, as a society we recognize that women do not and, generally, should not have to wear skirts to work3 and that it is unacceptable for an employer to tell a woman that she is

unprofessional because she chose to wear slacks. As a society— for the most part— we trust that women can determine what professional attire looks like without an overbearing paternalistic grooming standard.4 Some of the most powerful and professional women on the globe are jokingly known for their preference for pants, most notably Hillary Rodham Clinton.5 Of course there are instances where women may be required to wear a uniform or a uniform that mandates a skirt, but today that kind of regulation is thought of as an exception and not the rule. These assertions are not meant to suggest that there is a lack of sexism in the workplace or that it is not sexist to require women to wear skirts because that is patently untrue, but instead they are meant to illustrate the ways in which society has seemingly evolved by allowing women more control over their bodies in this regard.

Today, Black women are fighting against equally restrictive, antiquated, racist, and sexist grooming standards that are related to hair. Many employers still have rules that forbid the wearing of afro’s, braids, twists, and dreadlocks some of the most common natural hair styles worn by

1

Paulette M. Caldwell, A Hair Piece: Perspectives on the Intersection of Race and Gender, 41 Duke L.J. 365 (1991).

2 Ingrid Banks, Hair Matters: Beauty, Power and Black Women’s Consciousness loc. 175 (2000) (ebook). 3 Ali Elkin, Barbara Mikulski Helped Lead the Pantsuit Rebellion of 1993, Bloomberg Politics, (Mar. 2 2015 11:34 am), http://www.bloomberg.com/politics/articles/2015-03-02/barbara-mikulski-helpedlead-the-pantsuit-rebellionof-1993 3 Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. Nev. 2006).

Carroll v. Talman Fed. Sav. & Loan Ass’n, 604 F.2d 1029 (7th Cir. 1979).

Hillary Moss, Hillary Clinton & Angela Merkel Celebrate Shared Love of Pantsuits, Huff Post Style, (Jun. 2011 5:12 am), http://www.huffingtonpost.com/2011/06/07/hillary-clinton-angela-merkelpantsuits_n_872788.html. 7 Ingrid Banks supra note 2, at loc. 318, 2252, 2269.

4 5

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Black women. Often these employer bans are based on ideas that stem from a belief that natural Black hair is threatening, unprofessional, and unattractive.7 In April of 2014, the Women of the Congressional Black Caucus sent a letter to the Army asking them to overturn their restrictions on natural Black hair stating that: [T]he use of words like “unkempt” and “matted” when referring to traditional hairstyles worn by women of color are offensive and biased. The assumption that individuals wearing these hairstyles cannot maintain them in a way that meets the professionalism of Army standards indicates a lack of cultural sensitivity . . . 6 Modern courts have refused to identify the relationship between racism and grooming standards that over regulate Black hair.9 That denial has served to validate and legitimize the actions of other individuals who wish to assert this kind of control over Black women. Increasingly, Black women who choose to don natural hair encounter people who feel compelled to manipulate and touch their hair without permission.7 These instances are illustrative of the pervasive social belief that Black women’s bodies “are among the dominated.”8 In response to the increasingly visible fascination with Black hair—artist, activist, and blogger Antonia Opiah hosted an interactive art exhibit— in Central Park— inviting people to touch her afro as a way to start a conversation about race and gender.9 Although, individuals Letter from The Women of the CBC to Sec’y Hagel of the DOD (Apr. 10, 2014) (on file with CBC website). 9 Pitts v. Wild Adventures Inc., 2008 U.S. Dist. LEXIS 34119 2008 WL 1899306, at *1.

7 Lisa Respers France, ‘Can I touch it?’ The fascination with natural, AfricanAmerican hair, CNN (July, 25 2011 8:46am), http://www.cnn.com/2011/LIVING/07/25/touching.natural.black.hair/index.html (I myself, as a Black woman with an afro, have experienced this phenomenon.

While enjoying a night out with friends a stranger grabbed my afro and told me that I should not and could not enjoy the genre of music that was being played).

8 bell hooks, Reflections on Race and Sex, at 59; Treva Lindsey, Race in the US: Herstory, Aljazeera Magazine (Sept. 05, 2015 11:14am), http://www.aljazeera.com/indepth/features/2015/09/raceherstory150904052450065.html.

9 Julee Wilson, ‘You Can Touch My Hair’ Explores Fascination With Black Hair, Sparks Debate, Huff Post Black Voices (June, 07 2013 11:22am),

may have varying thoughts and perceptions about Black hair, the historic and present realities regarding its relationship to race, gender, and identity cannot be denied.

When critically analyzing the history of discrimination against Black hair— particularly Black women’s hair—the intent behind Title VII, and modern applications of the statute to contemporary employer grooming regulations it becomes clear that current interpretations of the Title VII fail to address gender and race stereotyping in the workplace. Hair is an essential aspect of racial identity and should therefore be considered when analyzing the effects of race in employment decisions under Title VII of the 1964 Civil Rights Act.

6

http://www.huffingtonpost.com/2013/06/07/you-can-touch-my-hair-exhibitblackwomen-hair_n_3401692.html?utm_hp_ref=hair-beauty.

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Michquel McCullough Mississippi College School of Law Education: The New Civil Right For years, education has been viewed as the principle equalizer of equality among all races. Education has been seen as equal in all respects, as long as students were provided adequate resources the playing field was assumed level and no excuses should exist. However, students in overwhelmingly less diverse, but predominately minority school districts have struggled to acquire an adequate college-ready education. Experts say inadequate funding, teacher retention, ineffective leadership, poor teacher quality, unions, and a lack of parental involvement are too blame for this pandemic problem.

Stressing the importance of “Shared Blame” is key to policy recommendations; which should be the focus of education leadership. Ultimately, the goal is to get all that are involved in this important work to “Share the Blame,” and not point fingers, so that effective leadership can take its course. Educating our youth that attend inner city schools is critically important, and cannot be understated. Not only does their hope, success, and non-likelihood to be incarcerated depend on it, our nation depends on an educated population to remain competitive in a super competitive global economy. “The failure of schools to educate children from low-income families

creates a human and national crisis. In addition to the loss of human potential and capital, it also fosters a permanent underclass.”10 The miseducation and missopportunities that our inner city students experience are practical variables that must be addressed, but in order for all relevant stakeholders to promulgate the necessary work to increase student inner city academic success, there has to be a realization that inner city students require different attention. This realization must encompass the impact of social costs that the low quality education of our inner city students has on our economy.

The realization that our inner city students are being undereducated is a strike at the core of our legal system. As future attorneys, we have a grand responsibility to educate our youth about the criminal justice system, and the direct correlation it has to race and economics.

Education is the new civil right that I believe attorneys need to critically focus on changing. There needs to be a partnership where schools and attorneys find ways of saving our inner-city youth from becoming victims to modern day slavery.

10

Susan P. Leviton and Justin Browne, The Changing American Family and the Law: Preventing Schools From Becoming The Pipeline to Prison, MARYLAND BAR JOURNAL at 2 (May/June 2009).

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It is not enough that lawyers engage part-time in this important work. This work will require a real concerted effort by lawyers and schools to teach our students about the school-to-prison pipeline epidemic. I believe too many lawyers have taken for granted the power and responsibility that has been entrusted. No longer can lawyers and schools sit on the side line, hoping students make the right choices. Our students must be taught to recognize that two criminal justice systems exist, and the second criminal justice system is a by-product of the school-toprison-pipeline.

Lawyers must change their thinking about lawyering. They must understand to improve the judicial system, is not too aid in a time of critical need, but to improve the system by engaging students before they make the wrong decisions that will impact their future. I believe this important work should be done by attorneys in a decisive, collaborative manner with schools.

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