#TBT: Revisiting Affirmative Action

#TBT: Revisiting Affirmative Action

This week, it was revealed by the New York Times that the Department of Justice, rather than focusing on actual civil rights injustices, will be attacking affirmative action.  The false narrative that DOJ is clearly following, is that White Americans are being discriminated against by affirmative action programs.

Really?

The Supreme Court disagreed  last year, stating that race can be one of the factors considered.  It should never be the only factor considered — that would clearly be discriminatory.

Additionally, the idea of legacy admissions — where children of wealthy donors/alumni are able to obtain admission to schools, regardless of whether their academic performance meets the criteria — seems to not be a part of the review process.

During oral arguments of this case, Justice Scalia made some pretty controversial (and in my opinion, racist) comments.  Here’s a piece I wrote at the time in response.

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Photo courtesy of CreateHerStock

I am not ashamed to say it. I am a product of affirmative action.

Was I slow? Have trouble learning? Issues adapting to my environment?

Absolutely not.

My grades were certainly competitive enough to get me from high school to undergraduate to law school. I went on to pass the bar exam, have a long career as a prosecutor, teach, and hold leadership positions in various community as well as national organizations.

My profile is far from unusual. Affirmative action may aid one in getting in; but one has to perform to stay in. But to lump all students of one race into the category of being “slow learners” because they entered a university based on a more broad based criteria is shockingly ignorant. That appears to be the thrust of your statement “There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well”. There is a misconception that affirmative action scrapes the bottom of the barrel of African-American students in order to preserve diversity. That is not the case; all the African-American students I know were able to compete as well as or exceed their white counterparts. The test is a long term one – whether or not the student succeeds academically, graduates, and what they do afterwards.

Read the rest here.

Knowledge Trumps Racism, Part II

Knowledge Trumps Racism, Part II

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New York City Mayor Bill De Blasio came under fire for regarding comments he made regarding what he has told his son about how to interact with law enforcement.

Mayor De Blasio, who is married to an African American woman and has a biracial son, stated in a recent interview:

“It’s different for a white child. That’s just the reality in this country,” de Blasio went on. “And with Dante, very early on with my son, we said, look, if a police officer stops you, do everything he tells you to do, don’t move suddenly, don’t reach for your cell phone, because we knew, sadly, there’s a greater chance it might be misinterpreted if it was a young man of color.”

The head of the New York City Police Union was infuriated, and stated that the Mayor “threw cops under the bus” and was not helping race relations.

Here’s the deal.

Mayor De Blasio a white man, and a parent, is speaking his truth.

He’s speaking of the discussion that thousands of African American parents have with their sons across the country on a daily basis.

He’s a responsible parent, making sure his child knows how to act appropriately in a police encounter. Be polite, don’t make any sudden movements, don’t do anything to escalate the situation.

He’s also being practical! As angry as Patrolmen’s Benevolent Association President Pat Lynch may be, does he really want people making sudden movements in police encounters, creating situations where officers will have to draw their weapons?

I should hope not!

Mayor De Blasio’s statement is actually helping race relations…because when African Americans make similar statements, it can be viewed as an overreaction. “Their kids must be doing something bad.” “They’re just paranoid”

But the Mayor says it…this draws attention to the fact that this is a real issue.

So before dismissing his comments, listen.

Knowledge trumps racism.

Understand what the other side is saying. Mayor De Blasio is speaking his truth. So speak yours and let’s have a productive dialogue on how to move policing forward as opposed to “us” vs “them”.

Not all kids of color are bad; not all police officers are bad.  If we start from that premise, we may actually get somewhere!

See my list of my practical tips on interacting with law enforcement here.

Feel free to weigh in!

M.

Knowledge Trumps Racism (a multi-part series)

Knowledge Trumps Racism (a multi-part series)

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I’ve stayed pretty quiet in recent weeks, absorbing all that has been going on. One thing is incredibly clear; education is needed on both sides. If we don’t know the rules that govern us, as well as our past, we are doomed for the future.  If we don’t understand each other, we are doomed period.

So here is Part 1 of my series entitled “Knowledge Trumps Racism” — because as Dr. Martin Luther King Jr said, knowledge is power.

I start from a historical perspective —  David Ovalle from the Miami Herald wrote a very thoughtful piece on the last time a police officer was indicted in Miami for a shooting death in the line of duty.  It was 25 years ago last Sunday, and left a long legacy.

In a city long torn by racial tension, a uniformed police officer fatally shot a black man. Days of upheaval and rioting riveted the nation.

A series of investigations scrutinized the officer’s use of deadly force. He claimed self-defense. Would the cop face criminal charges?

The case that exploded in Miami in 1989 still resonates today, echoing the murky, racially charged confrontation that has put a 24/7 media spotlight on the small Missouri town of Ferguson.

Twenty five years ago Sunday, after a trial that lives on in local legal lore, jurors convicted Miami Police Officer William Lozano for shooting and killing a motorcyclist. It was the last time any police officer in Florida was convicted for an on-duty shooting.

Read more here.
Looking Back to Move Forward…

Looking Back to Move Forward…

20140323-142740.jpgSo, as we wait for election results, there’s no better time than now to be reflective.  My blog, The Resident Legal Diva, has recently had its one year anniversary.  Ironically, I took on a 30 day Blogging 101 challenge…because why not? Nothing like a challenge to step up your game! In the next 30 days, you will see a lot of posts from me covering a variety of topics (which remain a mystery to me at this moment)!

The first assignment was to talk about my blog.  Why am I writing publicly instead of writing a personal journal? Who do I hope to connect with? What is the end goal a year from now? And what’s the story behind my tagline?

Whelp, let’s get started.

Why am I writing publicly instead of writing a personal journal? If you’ve been reading my blog you know that I am a prosecutor. (If not, welcome!) I love the law.  The law brings equality; the law brings change; the law brings justice. Often, the media gets it wrong (ratings are king). Often citizens get it wrong (due to just not knowing).  Sometimes the system gets it wrong. Facts and details get lost in the struggle between passion, history, and confusion as to how the system works.  My goal is to educate people about how the system really works, and what goes into the decision making process in cases.  Also, I want people to know what their rights are, and what remedies are available. This can only be done in a public forum.  With the internet reaching more and more people every day, what better way to educate the world?

Who do I hope to connect with? EVERYONE! My blog is not just for legal professionals (who are always welcome by the way). It’s for the students, the curious, the old, the young…anyone who cares about the world we live in and how the law governs us.

What is the end goal a year from now? I hope to have (and continue to have) great dialogues with folks from all walks of life.  My eyes have opened to issues as a result of discussions started on my blog.  I love to teach, but I enjoy learning as well.  The exchange of ideas is the only way our world will get better — it is the way to promote understanding.

And what’s the story behind my tagline? The Resident Legal Diva…I’m your in house legal expert.  And I love the word “Diva”.  I’m on a mission to reclaim the word from the negative connotations that come from reality television.  A Diva is a woman who is well spoken, well put together, and who carries herself with grace and elegance.  Most of all, a Diva is successful from her own intelligence, hard work and merit.  Notice there are no temper tantrums, outbursts, or generally “acting a fool” in that definition. What I described is the definition of a “hot mess”…which does not deserve air time (not on this blog anyway!).  And the rest “My Collection of Thoughts About Real Life and the Law”…is just that.  My thoughts…my opinions…but always open for discussion!

Looking back, the last year of blogging has been fun, uplifting, emotional, and really enlightening.  Here’s to many more!!

M.

The Time For Talk Is Over!

The Time For Talk Is Over!

I’m not much of a “let me take a selfie” kind of woman, but it’s all about the evidence (I am the Resident Legal Diva after all).

So here it is. I early voted today.

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On Miami Beach, it wasn’t too bad. Definitely more people than during the primaries; but certainly low numbers. I’m hopeful that the numbers will increase as early voting comes to a close, and as November 4 arrives.

There are two themes that keeps recurring. One is “I’m so tired of those nasty ads on television and radio. How do I know what’s true? One is as bad as the other”

The second theme is “I know I’m supposed to do my research, but I’m busy. Being an informed voter takes WORK. I have a job, family, kids….ain’t nobody got time for that!”

Well, here is my answer to both.

That magical thing called the Internet.

There is a great site called Politifact that is run by a group of non partisan journalists. They fact check the claims of politicians across the country, and rate them as True, Half True or False. You can even submit facts for them to check or requests for corrections. That’s a great way to see if what was said in debates or in the ads was true.

Also, go on the election website for your county. You can check out a sample ballot to see what amendments are on the ballot. Usually, the main newspaper in your area will break down the issues and endorse or object to an amendment. You don’t have to agree…but what you gain is the explanation in plain English. It makes it easier to make a decision from there.

Lastly, if there is one person in your circle that you trust, task them with doing the research. But also make them break it down for you so that you understand the issues. At the end of the day, YOU are responsible for your vote — make sure you are clear on what you are voting on!

Voting determines our destiny as a nation. If it wasn’t so important, voter suppression wouldn’t be an issue. Voting fraud wouldn’t be a crime. Voter ID laws wouldn’t be so hotly contested.

This is your life. Your future. So many are quick to complain, march and protest; while it is important that your opinion be heard, politicians respond to the power of the ballot box. Use it or lose it!

M.