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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RBG Left Us a Roadmap for a More Just Nation

 

While attending University of Chicago in 2018, I had the good fortune to have a part-time job as a community outreach coordinator for the soon-to-be-released “RBG” documentary. On premiere night at the Chicago Gold Coast theater the Chicagoans I had come to know turned out in force. The gray-haired justice book group was followed by some little girls with their mothers. Film buffs, law students, elected officials, and a church group were all present and excited to learn more about this notorious intellectual giant. Everyone was moved by her story. The little girl who went in wearing an RBG costume came out standing a little taller in her black robe and jabot. This was the power of her transcendent appeal. 

More recently, as a CNN Associate Producer covering the Supreme Court, I was assigned a retrospective story about Justice Ginsburg’s most impactful decisions during her long career. I wrote the story factually and objectively, with no fanfare, and placed it in reserve for what I hoped would be a very long time. 

But she deserved fanfare. 

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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

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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The Pandemic, Prisoners, and the Commonwealth: Cruel and Unusual?

Today I am hosting a guest blog from third-year student Eric Jepeal.


This past August I was fortunate to be appointed to serve on the Massachusetts State Advisory Committee (SAC) to the U.S. Commission on Civil Rights (USCCR). USCCR is a federal agency established by Congress to advance “civil rights through objective and comprehensive investigation, research, and analysis on issues of fundamental concern to the federal government and the public.” USCCR is Congressionally mandated to have SACs in each state and the District of Columbia. The members of these SACs advise and facilitate the work of the USCCR, and are colloquially referred to as the “eyes and ears” of the USCCR. 

Prior to my time at Boston College, I interned for the USCCR and worked on various projects related to solitary confinement, bail reform, and fair housing. In light of the COVID-19 pandemic, our SAC released a statement of concern regarding incarcerated persons. As you may be aware, the Supreme Judicial Court recently issued an opinion regarding litigation in Massachusetts brought by prisoners’ rights advocates and organizations to provide relief to incarcerated persons in the Commonwealth (CPCS v. Chief). Unfortunately, the SJC found it lacked authority to provide relief to prisoners who are more than sixty days into serving their sentences. 

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