Act Like You Belong. Because You Do.

I’ve always been surrounded by a host of resilient people who modeled confidence. My grandmother ensured that my identity was a core value of my life. She often shared memories of her grandmother, born into slavery, or her father, a sharecropper, or her own challenges climbing out of southern poverty to self-determination. That deep, rich personal history propels me forward every day. My mother is the hardest-working woman I know, who overcame immense obstacles growing from a struggling young mother to a businesswoman with multiple degrees.

I have no shortage of personal examples of perseverance.  In spite of those examples, like many people, I struggle with a lingering self-doubt that questions my abilities. The feelings aren’t debilitating, nor do they outweigh my confidence. But, they are there.

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Are Public Video Hearings Inherently Prejudicial and Unfair?

Today I am hosting a guest blog by Phil Privitera ‘95. You can reach him through the bclawimpact@bc.edu email.


At a recent Somerville Redevelopment Hearing —  with only selected information in front of them and public input filtered through administrators promoting the public project — an all-white Somerville Redevelopment Board voted in favor of a plan to take and relocate minority immigrant businesses, as well as residential tenants, in order to make a vacant parcel behind them more attractive for a yet-to-be-named, possible developer in the future.

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Black Art Matters

About five years ago, I stumbled onto some Afrofuturist art in a market in northern Uganda. I was moving through a maze of kitenge stalls when I came to a makeshift gallery that a young artist had set up in a forgotten corner of the market. One of his pieces was of a dramatic skyline, with arched spires climbing into the sky, draped in tropical vegetation. In the foreground, people in stylized, angular kitenge clothes were walking through a bustling public square. I asked him what it was and he said, “It’s the Kampala of the future.”

In contrast to a lot of antiseptic and tech-centric futurism, his mix of sci-fi architecture, verdant ecology, traditional culture, and civic harmony suggested that the ideal future would incorporate a healthy dose of the past. It reminded me of an aphorism from the other side of the African continent, embodied in the adinkra symbol, Sankofa, which depicts a bird with its head turned backward, retrieving an egg. The Sankofa symbol and word convey the idea that in moving forward, it is important to bring along what is essential from the past.

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Examining White Privilege

Today I am hosting a guest blog from alumnus Michael B. Goldenkranz ‘78.


Part of what drew this Jewish boy from Brooklyn to BC Law in the mid 70’s was prior Dean Robert Drinan S.J., who left to become a U.S. Congressman shortly before I began law school. Both his and the School’s continuing and unwavering commitment to human rights and social justice, and the mission to “prepare students to not only be good lawyers but lead good lives,” still resonates with me today.

I have tried to instill those values in my now grown children, and to remind them to always question assumptions, as I remember doing during my time at BC Law.  My son David, a former primary/secondary school teacher who has also worked on documentary filmmaking, is taking the opportunity to use today’s calls for racial justice and equality to examine his status as a privileged white male in ways that may be sometimes viscerally painful, but certainly necessary. His recent essays include “Pajamas are a Privilege,” “White American PTSD,” “A Black and White Matter,” “What Kind of a Dog are You?” and “Colorblindness: The Façade of Equality.”

Like the cases we studied at BC Law and the discussions we had in our classes, I find David’s writings thoughtful and provocative. They make me think about uncomfortable but really important issues in ways that I think would please Fr. Drinan. My hope is that we may continue to strive to lead good lives and fight for social justice and equality for all.

David’s website can be found at https://davidgoldenkranz.com.

-Michael B. Goldenkranz, BC Law ‘78

It’s been 146 Days Since Breonna Taylor Was Killed

It’s been 146 days since Breonna Taylor was killed. Kentucky’s Attorney General, Daniel Cameron, still has not filed any charges against the Louisville Police Department officers who killed her. Here are some statutes that deserve attention:

Murder (Ky. Rev. Stat. § 507.020):

A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person.

Reckless Homicide (Ky. Rev. Stat. § 507.050):

A person is guilty of reckless homicide when, with recklessness he causes the death of another person.

First Degree Manslaughter (Ky. Rev. Stat. § 507.030):

A person is guilty of manslaughter in the first degree when: (a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; (b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020; or

In Criminal Law, we were taught to break down and work through each element of a criminal statute. Essentially every class was devoted to identifying the elements of a crime, gathering the facts of the case, and analyzing the case by connecting elements to facts. Our professor was a practicing defense attorney so she kept us on our toes and we learned to take nothing for granted. For the sake of brevity, and at the risk of incurring her wrath, I am just going to say that the uncontested facts of this case easily satisfy the actus reus (guilty act) element of these statutes.[1] No one is denying that these police officers caused Breonna Taylor’s death.

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Remembering Bobby Joe Leaster: Saving Boston’s Youth

Guest blogger Rita Muse ’15 comes from a line of BC Law graduates. Her grandmother, Judge Mary Beatty Muse, graduated in 1950, her aunt, Patricia Muse, in 1990, and her cousin, Julie Muse-Fisher, in 2005. Her uncle, Christopher Muse, though not a BC Law grad, has been a longtime adjunct professor at the Law School. He and Rita’s grandfather, Robert Muse  were instrumental in the release of the wrongly convicted Bobby Joe Leaster. Their engagement with Leaster in the 1980s had a lasting impact on the Muse family, including on Rita, who, as a law student, helped to free another innocent man.  


Bobby Joe Leaster: A Remembrance
By Rita Miuse ’15

When Bobby Joe Leaster spoke to BC Law students and faculties, his story was the same but his message never got old; he was wrongfully convicted of murder and unjustly imprisoned for almost 16 years, but he dealt with injustice in his own profoundly special way. This past April 26, one of BC Law’s favorite guests and a beloved citizen of Boston, passed away from the severe burns he suffered in a home fire three weeks earlier.

Bobby Joe Leaster, with his lawyers, Robert and Christopher Muse

Bobby Joe Leaster, with his lawyers, Robert and Christopher Muse, teaching Judicial Youth Corps students in the courthouse where he was convicted.

This is my remembrance of the person who motivated me as a student, inspired me as a lawyer, and became a friend of my family, two of whom, my grandfather Robert Muse and my uncle Christopher Muse, a longtime adjunct professor at BC Law, helped to free Bobby Joe.

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SCOTUS: Employers Can’t Discriminate on Basis of Sexual Orientation

On June 15, the Supreme Court ruled that Title VII, the federal anti-discrimination statute, explicitly protects against discrimination on the basis of one’s sexual orientation. To reach its answer, the Court consolidated three cases that all touch on this issue, including Bostock v. Clayton County Board of Commissioners. The plaintiff in Bostock was a gay man who worked for the County as the Child Welfare Services Coordinator for over a decade. In January 2013, Bostock joined a gay recreational softball league, and in June 2013 he was fired from this position.

As a member of Boston College’s Law Review, I spent the Fall semester drafting a comment on the Bostock case, which was published by the journal’s online supplement. My comment ultimately argued that the Supreme Court should follow the guidance of the Equal Employment Opportunity Commission, the federal agency that enforces Title VII, and definitively hold that sexual orientation discrimination in the workplace is prohibited by Title VII.

Although our reasonings were not identical, both the Supreme Court and I agreed that LGBTQ individuals cannot be discriminated against in the workplace. There are still many changes that must be made before sexual orientation discrimination is completely eliminated, but this decision is definitely a historic milestone worthy of celebration.

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All Hands On Deck: Silence is Violence

A couple of weeks ago, Dean Rougeau quoted Martin Luther King in his powerful letter to the BC Law community: “We may all have come on different ships, but we are in the same boat now.”

What does this mean? 

It means that not a single person in America can remain silent or apathetic in this fight for racial equality. Racism is pervasive and comes in many forms. Racism is police brutality. Racism is microaggressions. Racism is “color-blindness.” Racism is silence. 

And silence is violence. 

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Black Lives Matter.

I grew up in a pretty traditional South Asian household. I’ve tried talking about the Black Lives Matter movement numerous times before, but my family just didn’t seem too invested in it. Most of the time, I would just give up. Because it was just too frustrating.

But that’s the problem, right? These are just events that we hear about or see in the news, just optional conversations that we can opt in or out of. But for black people in America, this is reality. It’s not just another life lost; it is yet another manifestation of the unhinged, systemic racism that we all allow to continue and continue to allow.

Black people in America don’t get to choose to live in constant fear. They don’t get to choose that law enforcement dehumanizes them. So it feels inherently wrong that my community gets to choose whether or not we care.

 

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Together in a Time of Crisis

BC Law Dean Vincent Rougeau sent the letter below earlier this week to the BC Law community, and I thought it was important enough to share here on BC Law Impact. I have also written about this issue in my recent post Black Lives Matter.

Dear members of BC Law community:

I know the pain that you are feeling because I am feeling it too. And I am tired. So very, very tired. I am tired of writing these letters over and over again. As a Black man with three sons, I am tired of the fear I must carry when they are out moving through their lives in a country where the lives of people of color are so easily extinguished. I am tired of the sickening legacy of racism in this county and of being told not to talk about it because it makes people uncomfortable. Our nation is in crisis and we cannot continue to ignore the fact that the fabric of our society is being shredded by many among us who refuse to recognize our shared humanity.

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