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Under Court Dictum, Harvard Law School Steps Back In Time

According to figures released last month, there are a grand total of 19 Black students in the first-year class at Harvard Law School, down from 43 in last year's entering class. You have to go back to the 1960s to find so few Black students in the entering class.

In the years since 1970, the number of first years, or 1Ls, who were Black has ranged from 50 to 70. Professor David Wilkins, a brilliant Black professor at Harvard and the faculty director of the school's Center on the Legal Profession, noted that "this is the lowest number of Black entering first-year students since 1965" and that "this obviously has a lot to do with the chilling effect created by that decision" — that is, the decision last year by the United States Supreme Court, in a case where Harvard College was a defendant, barring affirmative action in university admissions.

It is a major step backward for a school that has produced some of the leading Black lawyers in America, a step backward that dramatically affects not only Black students, but the quality of education for all students at HLS. Diversity makes a huge difference in what happens in a law school classroom. And a Harvard degree opens doors to a career in law that, fairly or not, are just not the same for graduates of lower-tier law schools.

I spent three years as a student at Harvard Law, and another 10 as a member of the faculty. The Black students in my time at Harvard included everyone from future civil rights leaders like Charles Ogletree and John Payton and Christopher Edley Jr. to political leaders like Barack and Michelle Obama and Massachusetts Gov. Deval Patrick. They made a difference — in the classroom, on the Law Review, and in American life and law.

The number of Hispanic students also dropped sharply, from 63 students, or 11 percent of the total last year, to 39 students, or 6.9 percent of the total this year. The number of white and Asian students obviously increased.

I always used to ask my criminal law students who had ever been stopped by the police. A pretty big smattering of hands, young women included, which usually reduced to a handful when I asked students who talked their way out of it or got away with a warning to put their hands down. How big a handful depending on how many Black men I had in the class. Many of my white students expressed surprise that it was so obvious. I was a better teacher when I had a diverse class. There are a total of six Black men in the entering class at Harvard Law, according to Wilkins.

Richard Sander, a professor at UCLA Law and a critic of affirmative action, dismissed the latest reports from Harvard, telling The New York Times that it might actually be beneficial: "because those students are going to go to another school where they're better matched and they're poised to succeed. ... Students prefer going to a school where they are not going to get a preference, because they think they'll be more competitive there, which I think is true."

My experience, and that of my classmates and students over the years, is that a degree from Harvard Law School opens doors for all of its students, as it did for me, to a Supreme Court clerkship, to a job on the Senate Judiciary Committee, to a professorship at Harvard, to places where it was my calling card. Those were not places where someone who was bartending her way through law school had any connections. The "network" you join in those three years turns out to include some of the most prominent leaders in politics, business and law. I have never in all my years in academia run into a student who told me they turned down Harvard for a second-tier law school to be a better match, and I would certainly never advise a college student to do that.

In a statement, Harvard spokesman Jeff Neal said that the law school continued "to believe that a student body composed of persons with a wide variety of backgrounds and experiences is a vital component of legal education. ... Harvard Law School remains committed both to following the law and to fostering an on-campus community and a legal profession that reflect numerous dimensions of human experience."

It has its work cut out for it. Six black men in a class of 560 students is just not enough.

Reprinted with permission from Creators.

Florida Republicans Seeking A Return To Full-Time Child Labor

Florida has the nation’s worst learning rate. Maybe it shouldn’t be a surprise that in a state where dictionaries get banned from libraries and teachers get fired for using a gender-neutral pronoun, students go home with 12% less knowledge than the national average. However, Florida students are being protected from classical art and exposure to potentially gay Disney characters. So … thank you, Ron DeSantis.

But Republicans have a way to make sure that students no longer are forced to suffer through an inadequate Florida education. It’s called full-time labor during the school year. Also, the bill would reduce the number of mandatory breaks given to young workers. Because f**k those lazy kids who want a drink of water or to go to the bathroom. Learn to hold it, losers.

“Employers consider the entry level work of teens like jobs in hospitality, grocery, and retail to be ‘invisible curriculum,’” said Republican Rep. Linda Chaney, who introduced the legislation. So far as Florida Republicans are concerned, kids don’t need history, math, or science. They need to get into the real world and learn real lessons. Like how impossible it is to find a decent job when you don’t know any history, math, or science.

Florida is one of an astonishing 16 states that have introduced legislation to roll back child labor protections in the past two years. The bill introduced in Florida is trying to destroy limits that were put in place in 1913. Florida is legitimately trying to allow child labor at a level not seen since before World War I.

But according to Chaney, we’re not really talking about kids.

“This bill is not about children, this bill is about teenagers,” she said. “They’re 16 and 17 years old. They’re driving cars. They are not children. This is not child labor.”

Those people back in 1913 who wrote legislation that prohibited Florida employers from scheduling 16- and 17-year-olds for more than eight hours on school nights or more than 30 hours a week during the school year seemed to think teenagers were children. Or at least, not fully adult. How are Republicans ever going to make Florida great again if they can't make things worse than they were over a century ago?

Even the existing limits seem like an impossible burden for any student. Working a 30-hour week while attending full-time classes as a high school sophomore seems only a bit short of the backstory for a Dickens character.

“I think we’re wrapping our kids in bubble wrap here,” said Republican Rep. Jeff Holcomb.

Yes. Only allowing eight hours of work on a school day is coddling. Surely Holcomb did more than that when he was a kid and had to walk to school in snow, uphill both ways, back when Florida had snow. And hills.

Except he didn’t. Because there was a law. There was a law that protected every single one of the Florida legislators now trying to strip protection from children. Excuse me, teenagers.

The Florida bill, like this one from Indiana and those introduced in several other states, is a clone of proposed legislation drafted by a right-wing think tank funded by billionaire Dick Uihlein. Uihlein, who has a net worth north of $5 billion, is the money man behind multiple right-wing bill factories.

Uihlein didn’t exactly work his way up from the bottom. He’s an heir to the Schlitz brewing company and the owner of what he claims is the largest “shipping supply” company in the nation. In other words, the man owns a lot of cardboard.

That he’s getting good service in Florida is no surprise. He provided $1 million to Ron DeSantis’ campaign and another $1.4 million to his super PAC. Uihlein’s wife gave DeSantis another $1.5 million. Uilein’s name may not be all that familiar, but according to Forbes he and his wife are the fourth-largest contributors to political campaigns, with total contributions over $190 million.

Even the money wasted on DeSantis could be a good investment if Uihlein gets what he seems to want in return: cheap labor.

Ready access to cheap labor has been threatened by Republican policies making it hard to hire migrant laborers who formerly provided labor in agriculture, construction, and tourism. Now Republicans seem to be turning to treating America’s children as an alternative source of low-wage labor.

Opponents of the bill in Florida have correctly pointed out that the legislation, as written, has no barriers that would protect young workers' right to continue in school. Employers could require work during the school day, forcing kids to choose between attending class or keeping their jobs. They could also require kids to stay for overtime on a school night.

But Republicans might not see that as a problem. After all, polls have shown that the more educated people become, the more likely they are to hold progressive views on issues. People with a postgraduate degree are more than twice as likely to consider themselves liberal than those whose education never went beyond high school.

What better way to ensure that never happens than by stopping those kids from ever getting through high school in the first place? This is what it looks like when the billionaire barons buy themselves a class of permanent serfs.

Reprinted with permission from Daily Kos.

When Sarah Sanders Joined With ACLU To Fight For Voting Rights

Reprinted with permission from ProPublica.

As the midterm elections approach, Republican state officials and lawmakers have stepped up efforts to block students from voting in their college towns. Republicans in Texas pushed through a law last year requiring voters to carry one of seven forms of photo identification, including handgun licenses but excluding student IDs. In June, the GOP-controlled legislature in North Carolina approved early voting guidelines that have already resulted in closing of polling locations at several colleges. And last month, New Hampshire’s Republican governor signed a law that requires students who vote in the state to also register their cars and obtain driver’s licenses there.

One nationally prominent Republican, however, once took the opposite stance on student voting. As an undergraduate at Ouachita Baptist University in Arkadelphia, Arkansas, Sarah Huckabee — now White House Press Secretary Sarah Huckabee Sanders — sued to allow students to vote after being one of more than 900 purged from the county’s rolls.

“It’s almost like taxation without representation,” she said at the time. “They thought that because we were young that they could walk all over us, but obviously that’s not the case.”

Illustrating the adage that politics makes strange bedfellows, the 2002 lawsuit paired a then-20-year-old Sanders with the American Civil Liberties Union. It began, as disputes over student voting often do, with a town-and-gown conflict. Reversing the usual pattern, a Democrat rather than a Republican instigated the student disenfranchisement.

For Sanders, the daughter of Arkansas’ then-governor Mike Huckabee, the little-known episode helped her carve out a niche as a political activist in her own right. It remains relevant today both because of her influential post in the Trump administration and because it suggests that Republican efforts to restrict student voting are largely pragmatic — intended to maximize the party’s electoral chances — and could change as circumstances warrant. It also indicates that Democratic support for on-campus voting may similarly hinge on the expectation that most students lean to the left.

While the Trump administration hasn’t weighed in specifically on student voting rights, it has supported states that impose voter identification requirements or purge voter rolls. By contrast, the Obama administration pushed to expand access to the polls. Contacted by ProPublica, Sanders requested a list of written questions, but then did not respond to them.

“It’s not lost on us that Sanders has joined an administration that is actively defending unlawful voter purges and voter disenfranchisement,” said Rita Sklar, who was executive director of the ACLU of Arkansas when it represented Sanders, and holds the same position today. “Maybe she can talk to her boss about it.”

The events that cast Sanders as a voting rights advocate stemmed from an election in Clark County, Arkansas, where Ouachita Baptist is located. In 1998, before Sanders enrolled there, an Ouachita junior named Jonathan Huber, who grew up in Louisiana, was elected to the county governing board.

While the student body at OBU, a small, religious college in southwest Arkansas, favored Republicans, the surrounding county historically voted Democratic. Huber, who told ProPublica he was the first Republican to win an election in the county since Reconstruction, credited his victory to the hundreds of college students he helped register to vote.

The students’ electoral muscle angered Floyd Thomas Curry, a Democratic attorney who lived in Huber’s district. In 2002, when Huber — who by then had graduated from Ouachita and settled in the area — was up for re-election to the governing board, Curry sued the county. He argued that, as temporary residents, students did not qualify to vote there.

“It became clear that my right to vote was just going down the drain,” Curry said at the time. “Even if these students voted the way I do, it’s still diluting my vote.”

A circuit court judge agreed. Just two weeks before the election, past the voter registration deadline and with early voting underway, Judge John A. Thomas ordered the county clerk to purge from the voter rolls anyone other than faculty or staff who registered using on-campus addresses, thus disenfranchising Sanders and 911 other students from OBU and neighboring Henderson State University. Thomas’s ruling cited an Arkansas law that temporary residents, including students, should vote in their hometowns — which, for Sanders, was Little Rock.

Sanders’ father, Gov. Mike Huckabee, assailed the decision. In the midst of a successful bid for re-election, he denounced the court order as an “absolute outrage,” “one of the worst things that’s happened in Arkansas politics in a long time,” and an example of the perils of “one-party fiefdom.” Shortly thereafter, he phoned Sklar, the executive director of the ACLU of Arkansas.

“Well, Rita,” Sklar recalled the governor saying. “I guess there’s something else we agree on beyond not executing juveniles.” Huckabee did not respond to requests for comment.

Days later, the ACLU filed a class-action lawsuit in federal district court in Little Rock on behalf of the disenfranchised students, with Sanders and four others named as plaintiffs. “It was an opportunity to bring a fairly standard student voting rights case about residency but in the reverse context where the victims, if you will, were conservative rather than liberal,” said Bryan Sells, then a staff attorney on the ACLU’s Voting Rights Project, who represented the students.

The ACLU’s involvement demonstrated its willingness to represent groups on both sides of the political spectrum. “It’s the kind of thing you wish people remembered when they start accusing the ACLU of being the legal arm of the Democratic Party,” Sklar said.

The ACLU contended that the constitutional guarantee of the right to vote overrode the Arkansas statute. While a state may impose reasonable residency restrictions, Sells argued, it cannot presume an entire class of voters — in this case students — are not residents without presenting a compelling reason. The lead plaintiff, Adam Copeland, grew up in foster care and had no home other than his on-campus housing.

Another plaintiff, J.D. Hays Jr., grew up a half-mile away from campus but had registered to vote using his college address. His father taught at OBU. Thomas’ ruling “meant that I couldn’t vote in the county that I grew up in. I didn’t have some other county,” Hays recalled recently. “I couldn’t go home to vote. I was home already.”

Sanders, who had served in high school as secretary of the Arkansas Federation of Teenage Republicans, became the students’ de facto spokesperson with the media, foreshadowing her White House role. A week before the election, U.S. District Court Judge George Howard Jr. ordered the county clerk to restore all purged individuals onto the voter rolls.

“I am very excited and very pleased,” Sanders told the press after her father called her in class to tell her about the ruling. “There’s still a lot to be done.”

Benefiting from the student vote, Huber was re-elected and went on to serve in the position for eight more years; he’s now a lawyer and licensed real estate broker in Clark County. Sanders graduated from Ouachita in 2004.

Republican efforts to suppress student voting became more prevalent after college-age turnout spiked in the 2008 election, contributing to Obama’s victory, said Dale Ho, director of the ACLU’s Voting Rights Project. In 2014, Florida’s division of elections under a Republican secretary of state barred counties from placing early voting locations on college campuses. Saying that this policy created “a stark pattern of discrimination,” a federal judge last month ruled that campus buildings in Florida can be open for early voting this fall.

Sells, Sanders’ former ACLU attorney, said he hopes that her views haven’t changed and that she could be a voice within the Trump administration for broadening access to the ballot box. “If the occasion ever comes up in her job where she’s asked about voting rights, I hope she recognizes how important it was to her and to her fellow plaintiffs at the time, how important it is to other people who are seeking to vindicate their voting rights,” he said.

Sixteen years later, Floyd Thomas Curry now regrets seeking to suppress student votes. “When I realized I was opposed by the ACLU, I thought, ‘Gee, maybe I’m not right,’” Curry said in a recent interview. “In retrospect, I was dead wrong. It was not my proudest moment.”

The voting rights that Sanders helped Ouachita and Henderson students regain may still be paying dividends for Republicans. In 2016, Trump carried the once reliably Democratic county by 9 percentage points.

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Colleges Rethink The Math Students Need

By Katherine Long, The Seattle Times (TNS)

SEATTLE — Dena DeYoung traces her trouble with math back to sixth grade, when a well-intended placement test showed she was smart enough to do advanced work.

And for several years, DeYoung did well. But when she reached high school, math became her worst subject. Lost by the logic, unable to imagine how what she was learning would ever come into play in the real world, her math grades plummeted.

“I just never got it,” DeYoung said. “I was barely scraping by. It was just a nightmare.”

DeYoung eventually dropped out of her Shoreline school, and while math was not the only reason, it didn’t help. Instead of a high school diploma, the promising student earned a General Educational Development degree, or GED.

More than any other subject, math trips up students who might otherwise thrive in college, especially those who don’t plan to go into technical careers that require proficiency with numbers.

Failing the state’s math test keeps hundreds of students from graduating from high school each year, even when they’ve met every other requirement. Math is the reason why half of Washington’s high school students who enter community college must take remedial classes — which few ever pass, even after years of struggle.

A lot of effort has gone into thinking — and arguing — about how best to teach math, hoping to keep it from being such a barrier to higher education. But the math problem also has caused leaders of Washington’s community colleges to ask a fundamental question: How much math, and what kind, should be required for a student to earn a college degree?

Their answer, increasingly, is that there is no one answer.

Students who are studying to become nurses, social workers, early-childhood educators or carpenters may never use intermediate algebra, much less calculus. Yet for years, community colleges have used a one-size-fits-all math approach that’s heavy on algebra and preps students for calculus.

That’s starting to change in a few pioneering schools that are overhauling what math they teach and how they teach it. Some colleges, for example, have started to offer a math sequence that focuses on statistics, and persuaded the state’s four-year colleges to accept it as a college math credit. Others are offering a learn-at-your-own-pace approach.

These experiments, to date, are small but encouraging. The word is spreading about algebra alternatives, many of which include the kind of math students are more likely to need, such as probability and margins of error in opinion polls. Students are flocking to such classes — and they’re passing at much higher rates.

One study found that a statistics-focused class, identical to one offered at Seattle Central College, had triple the success rate when compared with the traditional math sequence, and students finished math in half the time.

DeYoung, now 26, enrolled in Seattle Central’s version of that sequence last year, called Statway, but with the nagging concern that she’d soon hit a wall — just like in high school.

But that didn’t happen.

“In the first quarter, I realized there isn’t something wrong with me,” DeYoung said. “I just needed a different approach.”

Seattle Central is one of 19 colleges nationally using Statway, which was developed by the Carnegie Foundation. (The foundation has also developed a program called Quantway that uses math skills to solve real-world problems.)

It’s one of the programs highlighted in a new math strategic plan that calls for all of Washington’s 34 community and technical colleges to find new, innovative ways to approach math.

“For too many students, the pre-college math experience at community and technical colleges has been frustration and failure,” the plan notes.

The beginnings of that plan reach back to 2009, when the State Board for Community and Technical Colleges began its latest round of puzzling over how to help more students pass.

In the plan, the State Board encourages colleges to find ways to accelerate a student’s path through math. As a result, some are allowing students to take both pre-college math and college-level math in the same quarter. Others, like Big Bend Community College in Moses Lake, offer math that doesn’t follow a rigid schedule — students do as much math as they can complete in a quarter’s time.

The vexing issue of students getting stuck in remedial math is not new. It’s long been recognized as a problem, but one without a clear solution. Now colleges have models to try.

So far, 14 schools in Washington have made learn-at-your-own-pace math widely available to students. Statway is offered at another three.

Last winter, more than four times as many students signed up for Big Bend’s learn-at-your-own-pace math classes, called “emporium math,” as traditionally taught and online-only courses.

Statway folds remedial math and one-quarter of college math into a three-quarter series, which satisfies the requirement that students pass one quarter of college math to graduate. In Statway, students study statistics used in everyday life — in polls and studies, for example — and learn how to analyze data and make inferences.

It is, simply, “the best math for citizens,” said Seattle Central Statway instructor Paul Verschueren.

Verschueren believes students often struggle with high school algebra because they’re taught to memorize formulas. And while that’s efficient in the short term, he said, students don’t develop an understanding of the underlying concepts. Statway, in contrast, aims to build math intuition.

“People don’t understand how malleable numbers are,” he said. “We have petrified students who are always afraid of the wrong move.”

One other possible advantage: Statway students stay together through all three quarters, and over those nine months, students get to know each other and their instructor, which helps their confidence and makes it easier to lean on one another for help.

“It’s more like real-life math,” said Seattle Central student Shayla Martin, 34, who is working on a bachelor’s degree in applied behavioral sciences. “It’s the first time I’ve ever used the word ‘interesting’ to describe a math class.”

Should Statway count as a math credit? All of the state’s public four-year universities accept it, including the University of Washington. But the UW is doing so on a three-year trial basis.

Janice DeCosmo, a UW associate dean who has a leading role in deciding which community-college courses are transferable for UW credit, calls Statway “a very engaging curriculum,” but warns that it can limit students’ career choices because it doesn’t prepare them to take calculus.

To be accepted as a freshman or transfer student at the UW, all students must have intermediate algebra or its equivalent on their transcripts. That’s because many non-math courses — in sociology, geology and other sciences — depend on an understanding of algebra. The version of Statway offered in Washington’s community colleges includes extra lessons in algebra, which is why the UW accepts it as a transfer credit. (Along with Seattle Central, Statway is also offered at South Seattle and Tacoma community colleges.)

Even some Statway instructors say the class — while important — isn’t really a math class. Seattle Central instructor Bryan Johns, for example, thinks of the course as a logic and communications class because the math involved is so basic.

But it’s clearly helping students get beyond remedial math, and on to credit-bearing courses.

The first year Statway was offered at Seattle Central, 58 percent of students passed the three-class series. By the third year, 84 percent of students passed. By comparison, only between 11 and 15 percent of students who need to take remedial classes ever finish those courses, and complete one quarter of college math by the end of one year.

While Statway re-imagines what it means to be math literate, the emporium program at Big Bend Community College is rethinking the way math is taught.

The Moses Lake college still offers traditional courses made up of three pre-college algebra classes — introduction to algebra, and algebra I and II.

But it is having more success when students take those classes using videos and computers.

In emporium math, topics have been chopped up into mini-lessons, and delivered through short videos recorded by Big Bend instructors. Students watch the videos, then test their understanding, entering answers in a computer program that gives them immediate feedback.

In the computer lab one day in July, about 20 students worked in front of monitors as classical music played softly in the background. Some wore headphones to watch a video, and others used calculators and scratch pads to work out math problems.

When they got stuck, they raised their hands, and one of the tutors circling the room came to help.

Math instructor Michele Sherwood sat at the instructor’s desk, waiting for students to come to her with completed math tests — the tests are a key to moving to a next level. Sherwood walked students through problems they answered incorrectly.

“I don’t know what happened here,” one student told her, pointing to a wrong answer.

“Oh, I see what you did,” Sherwood said. “This is supposed to be 10.”

Big Bend made emporium math part of the curriculum in 2014. By winter quarter 2015, between 61 and 69 percent of students taking math the emporium way received at least a C or higher in the three algebra classes offered. That was generally better than students taking a traditional or online class, although the emporium method did not perform quite as well with algebra I students, who did better in a traditional setting.

Students also can work at an accelerated pace, and often complete two quarters’ worth of math in one quarter, said Sarah Adams, the instructor who oversees Big Bend’s emporium program. That saves them about $500, since they only pay for five credits each quarter, regardless of how much math they finish.

The emporium model was pioneered at Virginia Tech University in 1997, at an off-campus shopping mall (hence the name “emporium”) equipped with hundreds of computers and dozens of roving tutors. Along with 14 schools in Washington state, a number of other schools around the country now use it, at both the two- and four-year level.

At Big Bend, instructors have created their own lessons rather than using a commercial set that Adams said “is super expensive and wasn’t going to exactly cover what we wanted them to learn.”

Emporium math has been an ideal solution for Big Bend student Mari Chastain, who often floundered in high school because she has dyslexia — a learning disability that causes numbers to reverse themselves on the page. With emporium math, she can go as slowly as she needs.

The program attracts strong math students as well. Kayla Brown, a student who’s working on her nursing degree, flew through algebra, and still had time to slow down for the few concepts that stumped her.

Another student — a mom with six children — reportedly blazed through the work on her smartphone, mostly at night at home.

And with more students getting through remedial classes and beyond, higher-level math classes are filling up, too, along with classes that demand strong math skills.

This fall, Big Bend’s engineering class is full. And for the first time ever, there’s a waiting list for calculus.
___
(Education Lab is a Seattle Times project that spotlights promising approaches to some of the most persistent challenges in public education. It is produced in partnership with the Solutions Journalism Network, a New York-based nonprofit that works to spread the practice of solutions-oriented journalism. Education Lab is funded by a grant from the Bill & Melinda Gates Foundation.)

Photo: Student tutor Angie Foster, right, helps student Krystal Huffman with a math problem at Big Bend Community College in Moses Lake, Wash., which offers learn-at-your-own-pace math classes, called “emporium math.” (Mike Siegel/The Seattle Times/TNS)

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Smart. Sharp. Funny. Fearless

Under Court Dictum, Harvard Law School Steps Back In Time

Florida Republicans Seeking A Return To Full-Time Child Labor

When Sarah Sanders Joined With ACLU To Fight For Voting Rights

Colleges Rethink The Math Students Need

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