Recounting a protest at Harvard that cost him his tenured position, the author tells moving stories of others who have challenged authority, questions the system, and examines the value of protest in protecting one's sense of self-worth. 25,000 first printing. Tour.
Derrick Albert Bell Jr. was the first tenured African-American professor of law at Harvard Law School and is largely credited as one of the originators of critical race theory (CRT). He was a visiting professor at New York University School of Law from 1991 until his death. He was also a dean of the University of Oregon School of Law. [wikipedia]
Only a few weeks before Professor Bell's death, I arrived at NYU Law school, full of ambition and drive, eager to seek out the man who I knew, just knew, would help play a defining role in my legal education and in turn my professional life.
I tracked down his office, his assistant and then finally the only classroom in which he lectured, having learned that great illness had taken most of his energy, but not his drive to teach. I waited patiently outside of this classroom one evening and craned my neck towards the door as students shuffled out.
As the flood of backpacks ebbed, I was surprised to see an elderly man pushed out of the room in a wheelchair. I fumbled through and introduction and, recognizing that he was trying to get moving, asked if I could accompany him for a few minutes to let him know why I was here.
I told Professor Bell about my brother's ambition, his drive, his critical eye and his passion for Bell's writings. I told him how it was through my brother that I was exposed to Bell and how after reading through his works I felt comfortable with having a true reason behind my (previously arbitrary) selection of NYU Law as my first choice school.
Prof. Bell listened patiently, looking up as much as he could and eased my ramblings by noting that if I had indeed come looking for him, then I made the right choice in not going to one of those Ivy's for they weren't selling what I was looking for.
I returned to my room that evening elated to have met the man who I hoped to guide my education, and devastated to recognize that he seemed to be teaching on borrowed time. From the covers of Prof. Bell's books I knew him as a hearty gentleman, I assumed him to have a deep and booming voice and a head that he held high. While it's undeniable that Prof. Bell's writings aim to challenge, he himself challenged me that day to understand that the influential, powerful and brilliant are not necessarily the strong, the fit and the healthy.
More importantly, through his writings, through my brother, and now, through what is the formation of his legacy, Professor Bell is challenging me to challenge myself in carving the way through this world with a path of meaning and worth.
Derrick Bell was the first tenured African-American law professor at Harvard Law School. This happened in 1971. This book is his story of his protest for the Harvard Law School to tenure its first African-American woman. He announced his unpaid leave April 24, 1990.
Universities often have visiting professors, sometimes for multiple semesters, but these professors are not embraced until they are given tenure. Bell watched as qualified African-American professors who were teaching at Harvard were rejected or overlooked for tenure. Harvard did not enjoy his protest and ultimately, after three years, terminated his tenure.
Bell tells this story, but also uses it as an example to explore all the aspects of protest, especially a solitary one like this. In it, he walks us through the many ways status quo is maintained ... as he states in the conclusion - "After all, there is at Harvard, as in the rest of our modern world, a distressing commitment to the unwritten commandment: 'Thou shalt conform and not confront.'" (163)
He also employed a creative method that runs alongside this exploration. It is a short story about a country divided by class with the Citadel and its ruler over the "low-landers". Each chapter shares a little more of that story. Here is a line from early in this other story: "Thoroughly downtrodden peoples exhaust themselves with the tasks of survival. It is when their conditions improve, however slightly, that some among them envision a better life and, nurturing dreams of freedom, sow the seeds of eventual revolt." (9)
He covers a lot of ways that authority staves off substantial change. One is for "those in power" to hire "a few token qualified blacks--who today remain in largely the same positions in largely the same numbers." Or the catch-22 he experienced being the first tenured African-american at Harvard Law. "If I did well, my success would lesson any obligation to look for other minorities. If I performed poorly, my failure would serve as an excuse to abandon further minority recruitment." (38) Or further on he shares what one colleague says "Bell, your success is due to unusual talent and is hardly an argument against Harvard's traditional hiring standards." Bell explains "This assessment, deemed a compliment, is actually an insult. It bars me from using my hard-earned success as proof of what other blacks can do ... When we excel, we are the exception, not the potential norm." (42)
Bell is one of the scholars behind Critical Race Theory and this book is a very readable introduction to some of these ideas. On a basic level, it is that who you are informs how you read the issues and which issues you read. It is a nice dream that we can become fully objective and address issues as an abstract brain, but it doesn't really work out for human beings.
Bell shares his own further realization of this and how it led to his protest with a quote from the letter he wrote to a colleague explaining his protest: "Although, I have never forgotten my representational function on this faculty, I was slow to recognize that as a black man, I am not able to understand, interpret, and articulate the very unique conditions and challenges black women face. While I urged the hiring of black women, I thought that as a black man I could both comprehend and represent the needs and interests of black women. A modicum of exposure to feminist writings, particularly those of black women ... disabused me of this unintended but no less inexcusable presumptuousness" (57)
Sadly, he received no response from this colleague or anyone else on the Appointments Committee. Harvard and many other institutions as well were able to use the five black men on the faculty as "insulation against charges the Law School was discriminating against minorities. The school could also point to the few black women and Latino teachers who were invited for one-year visits. Although none of them gained permanent positions, they seemingly were always under consideration." (63)
And then there is the exploration of the American idea of Merit-as-the-way. He tells about teaching at Pace University Law School and a white student pushing back against affirmative action saying that today we don't need it because "everyone must make it on merit. That is the American way." Professor Bell reflects, "In response, I suggested to him that while he seemed quite able, as able as the students I had taught at Harvard and met at Yale and Columbia, when he graduated from Pace he would have a hard time competing at large corporate law firms, whose hiring partners prefer to hire lawyers whose parents had been able to send them to Harvard, Yale and Columbia." Then he asked the student for a response.
"'That's the breaks,' he said finally. I looked at him in wonder. 'In other words,' I said, 'you will be deeply suspicious if any black--no matter how able--gets a job you want, but you will step aside and let upper-class whites no smarter than you take jobs you want to advance your career and support your family?' 'Well,' he said finally, trying to muster a degree of dignity, 'one of these days, I hope to be able to send my kids to Harvard and Yale.' I shook my head. Racism has been devastating for blacks, but it has also done serious harm to a great many whites." (86)
"Critical race theory ... is a new approach to legal theory pioneered by minority scholars ... we bring the vision of a contracts professor who has read the slavery contract of her [own] grandmother; a torts instructor who examines torts of racist slurs and deprivations. The issues did not find their way into law reviews or classrooms until the minority scholars who thought and cared about them deeply introduced them introduced them--just as most issues of particular concern to women, like sexual harassment, job discrimination, and rape, were neglected until women were accepted into the legal hierarchy and made male legal scholars take notice of these issues. The exclusion of these topics, you can be certain, was as much a product of the ignorance of those who did not confront them in their everyday lives, as a calculated decision that the subjects were unworthy and ultimately subversive." (112)
In the end, he challenges me that "commitment to change must be combined with readiness to confront authority. Not because you will always win, not because you will always be right, but because your faith in what you believe is right must be a living, working faith, a faith that draws you away from comfort and security and toward risk, when necessary, through confrontation." (163) Earlier he paraphrased the Bible, "intellect without action, like faith without works, standing alone, is dead." (108)
Derrick Bell came to my law school once upon a time. I regret I did not talk to him, overawed as I was.
This is a book about his attempt to get Harvard Law School to tenure a woman of color. He failed. He left his tenured position teaching the children of the good and the great because of that failure.
There's a thread of a meditation on when to stay inside the system and fight from within and when to walk out of the citadel. He reaches no answer.
This book is deeply dissatisfying, probably because no one has come up with a satisfactory answer to when you walk away from Omelas and when you do . . . something else.
I appreciated the autobiographical nature of the book, but the narrative about Bell’s protest at Harvard went on a little long. I’d like to read more of the how-to of activism that was presented in the last couple of chapters.