In its continuing efforts to keep the public informed about the ongoing admissions litigation, the University of Michigan makes these transcripts of the trial proceedings in Grutter v Bollinger, et al., Civil Action No. 97-75928 (E.D. Mich.), available to the University community and general public. As is often the case with transcription, some words or phrases may be misspelled or simply incorrect. The University makes no representation as to the accuracy of the transcripts.




                                                                     1

             1                    UNITED STATES DISTRICT COURT
                                  EASTERN DISTRICT OF MICHIGAN
             2                         SOUTHERN DIVISION

             3

             4  BARBARA GRUTTER,
                For herself and all others
             5  Similarly situated,

             6                 Plaintiff,

             7       v.                                    Civil Action
                                                           No. 97-CV-75928
             8  LEE BOLLINGER, JEFFREY LEHMAN,
                DENNIS SHIELDS, and REGENTS OF 
             9  THE UNIVERSITY OF MICHIGAN,

            10                 Defendants.
                _________________________________________/
            11

            12                       BENCH TRIAL - VOLUME 9
                                                
            13
                                 WEDNESDAY, FEBRUARY 7th, 2001
            14

            15               BEFORE THE HONORABLE BERNARD FRIEDMAN
                                  United States District Judge
            16              Theodore Levin United States Courthouse
                             231 West Lafayette Boulevard, Room 238
            17                         Detroit, Michigan

            18                             -   -   -

            19  Appearances:

            20
                           Kirk O. Kolbo, Esq.,
            21             R. Lawrence Purdy, Esq.,

            22   On behalf of the Plaintiff,

            23

            24             John Payton, Esq.,
                           Craig Goldblatt, Esq.,
            25
                 On behalf of the Defendants Bollinger, et al,










                                                                     2

             1
                                           -   -   -
             2
                 APPEARANCES (Continued):
             3

             4                George B. Washington, Esq.
                              Miranda K. S. Massie, Esq.
             5
                              On behalf of Intervening Defendants.
             6

             7

             8

             9

            10

            11

            12

            13

            14

            15

            16

            17

            18

            19

            20              Joan L. Morgan, Official Court Reporter

            21         Proceedings recorded by mechanical stenography.  
                     Transcript produced by computer-aided transcription.
            22

            23

            24

            25











                                                                     3

             1                           I  N  D  E  X

             2   WITNESS:                                              PAGE:

             3   CHRYSTAL JAMES

             4   Direct Examination by Ms. Masley                      4

             5

             6   WALTER ALLEN

             7   Direct Examination by Ms. Massie                      76

             8   Cross-Examination by Mr. Payton                      176

             9

            10

            11

            12                         E  X  H  I  B  I  T  S

            13

            14                                                     RECEIVED

            15   Trial Exhibit Number 156                        126

            16   Trial Exhibit Number 157                        120

            17   Trial Exhibit Number 158                        120

            18   Trial Exhibit Number 168, 169                   112

            19   Trial Exhibit Number 176                        173

            20   Trial Exhibit Number 177                        173

            21   Trial Exhibit Number 211                        119

            22   Trial Exhibit Number 212                        119

            23

            24

            25








                                    BENCH TRIAL -  VOLUME 9
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                                                                     4

             1                  Detroit, Michigan

             2                  Wednesday, February 7th, 2001

             3                  9:10 a.m.

             4                                -   -

             5             MS. MASSIE:  We'd like to call Chrystal Blossom

             6   James.

             7             THE COURT:  Okay.  If you would be kind enough to

             8   raise your right hand.  Do you solemnly swear or affirm to

             9   tell the truth in the matter now pending before this Court?

            10             MS. JAMES:  I do.

            11             THE COURT:  You may have a seat.

            12             MS. MASLEY:  Jodi Masley, for the record.

            13                   C H R Y S T A L    J A M E S .

            14        being first duly sworn by the Court to tell the truth, was 
examined

            15  and testified upon his oath as follows:

            16                       DIRECT EXAMINATION

            17  BY MS. MASLEY:

            18   Q    Ms. James what is your address?

            19   A    My address is --

            20             THE COURT:  I'm sorry, can I have your full name,

            21   one more time?

            22             THE WITNESS:  My full name is Chrystal Blossom

            23   James.

            24             THE COURT:  Thank you.

            25   A    And my address is 11811 Venus Boulevard, Apartment 324,








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                                                                     5

             1  Los Angeles, California 90066.

             2             BY MS. MASLEY

             3   Q    Ms. James, are you a student today?

             4   A    Yes, I am, a student.

             5   Q    And where are you a student?

             6   A    I am a student at the University of California School of

             7  Law, Los Angeles, UCLA School of Law.

             8   Q    Okay.  What year are you?

             9   A    I'm a second year.

            10   Q    Did you obtain a BA before going onto law school?

            11   A    Yes, I did.

            12   Q    And where did you obtain your BA?

            13   A    At Stanford University.

            14   Q    What was your major there?

            15   A    Public policy.

            16   Q    Did you perform well there?

            17   A    Yes, I graduated with honors, so I believe so.

            18   Q    Were you admitted to the UCLA Law School after the

            19  elimination of affirmative action?

            20   A    Yes, I was.

            21   Q    How many years after that elimination were you entered?

            22   A    I believe three years.  I entered in 1999.  I believe it

            23  was three years after.

            24   Q    So were you the second class that entered?

            25   A    I was the third class that entered.








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             1   Q    Without affirmative action?

             2   A    Without affirmative action.

             3   Q    Was your decision to attend the UCLA Law School somehow

             4  affected by the elimination of affirmative action in

             5  California?

             6   A    Yes, it was.

             7   Q    How so?

             8   A    Well, having been at Stanford I knew what was going on,

             9  and at Boalt.  And I had seen an article that the Santa Fe

            10  Mercury Newspaper had done, like a weekend spread, on Eric

            11  Brooks and so I knew what he was going through as the only

            12  black student in his class. And that affected my decision about

            13  going to a UC school period.

            14             There was an UCLA recruiter that came to Stanford at

            15   the time I was thinking about applying.  I was working on my

            16   personal statement, and he came and did a little seminar with

            17   our pre-law advisor and I attended that.  Listened to all that

            18   he had to say.  And stayed after the seminar or the little

            19   meeting was over, and spoke to him about my concerns about

            20   what was going on at Boalt, and that was my concern about

            21   UCLA, too.  And I did not want to go to a school where I was

            22   going to end up in that situation.  And he assured me that

            23   that's not what is going on at UCLA, that they were not having

            24   the problems that Boalt was having, that the faculty, the

            25   administration were very committed to keeping minority








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             1   applicant numbers up, and, you know, I go ahead and apply.  He

             2   gave me some tips about my personal statement.

             3             And so, although I was concerned, I felt reassured

             4   by this recruiter that, you know, I wasn't going into that

             5   situation.  But it turned out differently, of course.

             6   Q    So Eric Brooks was the only black student entering Boalt

             7  his year; is that correct?

             8   A    I believe so.  I know he was the only student who was

             9  there at the time that that article was written.  So I believe

            10  yeah, I believe he was the only one who entered that year.

            11   Q    And you didn't want to be in that position at UCLA Law?

            12   A    No, I did not.

            13   Q    Did you apply to Boalt?

            14   A    I did apply to Boalt.

            15   Q    Why?

            16   A    Because my mother wanted me to apply to Boalt.  I did not

            17  want to attend Boalt.  But my mother has been my greatest

            18  supporter throughout my education.  And I knew that if I didn't

            19  apply, that there would always be this question.  And I have --

            20  there's actually more to it.

            21             It actually starts with undergrad because she wanted

            22   me to go to Berkeley.  I was accepted at Berkeley, too, and I

            23   chose Stanford over Berkeley.  And that was sort of against my

            24   mother's wishes.  So I applied to Boalt for my mother.  And I

            25   was wait listed which I felt was the best situation that I








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             1   could be in because, you know, it wasn't like I actually got

             2   turned down, but I didn't have to actually have to go.  But I

             3   didn't have to look my mom in the eye and say, I'm not going.

             4   I could say, oh, you know, I was wait listed, so I could

             5   probably, you know, look for something else and let's go to

             6   UCLA.  So, yeah.

             7   Q    So you did not think you would suffer the fate of Eric

             8  Brooks at UCLA.

             9   A    No, I wouldn't have gone.

            10   Q    How many black students ended up enrolling in your

            11  entering class?

            12   A    Two.  One other person other than myself.

            13   Q    When you saw that what did you realize about the

            14  situation you were in?

            15   A    I realized I was in the same situation that Eric Brooks

            16  was in.  And I was -- I was shocked.  And the first day or

            17  orientation, when I looked around at my classmates -- and, you

            18  know, we all gathered outside in the courtyard, and then we go

            19  into this auditorium so that our Dean can speak to us.  And

            20  when I looked around the room, and there was one other face

            21  that looked like mine.  And this group of approximately three

            22  hundred students, I could only find one face that looked like

            23  mine.

            24             And, actually, I've been told that there were three

            25   African-Americans.  And I was searching that crowd for the








                                    BENCH TRIAL -  VOLUME 9
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             1   third one because I already knew what the second one looked

             2   like.  And I searching that crowd, you know, are you the third

             3   one, you know, desperately seeking that third one.  But --

             4   well, I later found out who the third one was.

             5   Q    Is there anything you want to say about the third person?

             6   A    Well, what I'd like to say because when you asked me the

             7  question how many enrolled and I said two.  The third person

             8  doesn't identify it as being African-American.  So when he was

             9  approached by African-Americans, he claimed to be Creole.  And

            10  when he was approached by non African-Americans, he claimed to

            11  be Caucasian.

            12             So my understanding is that -- because his parents

            13   have come to the campus, that his mother is white, and his

            14   father is -- at least mix.  So his father had African decent

            15   in him. But he did not identify as being African-American, and

            16   he did not associate with African-Americans.  And after the

            17   first year, he transferred out of UCLA. So there are two in my

            18   class now.

            19   Q    Have you always been a top student in your life?

            20   A    I believe so, yes. Straight A, honor roll, yes.

            21   Q    When you began your classes at UCLA Law, was there any

            22  overt hostility on the part of white students to your presence

            23  at the school?

            24   A    When you say "began" do you mean first week, or -- okay.

            25  In the beginning it wasn't overt.  It was more like I was








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             1  invisible.  I mean, you know -- the first few weeks, I was like

             2  any other law student, you know, wandering around the hallways,

             3  dragging this big book bag, carrying these big legal books,

             4  scared of the Socratic method, trying to find my way to class.

             5  And so it wasn't that I would say overt, you know, racism or --

             6  it was about invisible.  I was just a non factor.  In my

             7  classroom, you know, I just sat, sort of a non factor.

             8   Q    Did you notice that when you or other minorities or women

             9  spoke in the class that there were certain responses on the

            10  part of other classmates?

            11   A    Yes.  In my civil procedure class -- I had a group of

            12  students that sat a row behind me, and who -- anytime a woman

            13  or any time a person of color would make a comment, you know,

            14  would try to answer a question, because this was the Socratic

            15  method, this was our series Socratic method.  So everybody was

            16  nervous in that class.  And our professor was very quick which

            17  made me -- probably is why I'm responding the way, the

            18  professor -- but, you know, part of what he was training us to

            19  do was to speak. And -- people were nervous.

            20             But anytime a minority spoke, anytime a woman spoke

            21   there's this line of students sitting behind me who are

            22   snickering, who are making comments, oh, that's smart, oh,

            23   look at her.  Later on in the semester because that was the

            24   first semester, first year, and when some of the protesting

            25   started happening, and there were people coming into our








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             1   classroom to announce that there were going to be meetings,

             2   that there were going rallies that day.  And somebody came in

             3   wearing the Affirmative Action T-shirt, and stood up to make

             4   an announcement.  And these people in the back, you know, I

             5   could hear them saying, you know, "F" affirmative action.

             6   Just very negative comments.  And it was me and a couple of my

             7   classmates who were there, all people of color sitting.

             8             And we went and spoke to our professor about the

             9   fact that this was going on. And our professor made a general

            10   announcement to the class, not specific to, you know,

            11   inappropriate comments, but more so that you just shouldn't be

            12   speaking while your other classmates are speaking, just out of

            13   courtesy.  So, it was just -- you know, I don't know whether

            14   those students got the message that it was, you know, in

            15   response to their comments.  It was more, he was just making a

            16   general announcement to everybody that I don't want you

            17   talking while your classmates are talking.  So -- it

            18   continued.

            19   Q    The snickering on the part and the comments of those

            20  students, what affect did that have on our learning in the

            21  classroom?

            22   A    It added to the fact that I didn't want to raise my hand.

            23  I didn't want to speak up. I felt very silenced in that

            24  classroom, and it was part of the reason that I felt silenced.

            25  Obviously, if you're sitting in front of a group of students








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             1  that are, you know, they feel empowered because there's so many

             2  of them to make whatever comments they want to make.  And you

             3  feel like you're just sitting there by yourself and, you know,

             4  you don't want to speak up when you hear them laughing, and

             5  snickering, and saying derogatory things, you don't want to

             6  speak up.  And we're talking about a subject that's not even

             7  that controversial.  Civil Procedure, it's not that

             8  controversial.

             9             So that's my first semester, first year, that's the

            10   experience that I'm getting.  And, you know, don't speak up in

            11   class, don't raise your hand.  Because I was the sort of

            12   person, you know, I was pretty confident out.  You know, I'd

            13   raise my hand if I thought I knew something.  I wasn't that

            14   embarrassed to be wrong.  I've been wrong before in my life.

            15   But, you know, I'm not going to risk, you know, being

            16   ridiculed and laughed at, you know -- so, yeah, I stopped

            17   raising my hand.

            18   Q    Were there other things inhibiting you from raising your

            19  hand?

            20   A    There were.  And in that class and other classes, I

            21  started to see a pattern starting to happen in the classroom

            22  with the professors as they would call one student and -- for

            23  example, in my torts class, I was the only black in that class

            24  because the other black student was in a different section from

            25  me.  We were in the same large section, but different small








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             1  section.  I was the only student in that semester who never got

             2  called on to give a full case reading.

             3             If I raised my hand in that class, I would get

             4   called on. But I was the only student that never was actually

             5   on call that day.  And we weren't assigned ahead of time.

             6   This -- the professor just picked a student who was on call

             7   that day, so to speak, for that day's reading.  I was the only

             8   student in that section of maybe about thirty-five people, a

             9   small enough section that it was obvious that, you know, I've

            10   never been called on.

            11             In my Civil Procedure class, initially I was raising

            12   my hand.  I felt like when I raised my hand I was asked

            13   questions about the facts. And if I didn't -- I was asked

            14   questions about the facts.  If we went into any type of

            15   analogy, or any type of reasoning at all, and I wasn't just

            16   right there with the professor, he would go to another

            17   student, and then ask that student to explain what I was

            18   saying.  Where with other students, if they didn't have -- if

            19   they didn't answer the way he thought they should answer

            20   initially, they were always afforded the opportunity to come

            21   back and say, oh -- you know, after he would say something,

            22   and they were offered the opportunity to come back and say,

            23   oh, well, I think da, da, da, and explain why, you know -- or

            24   add to their original answer.

            25             Also in that class, this was a professor who was up








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             1   for tenure.  And so towards the middle, at the end of the

             2   semester, he had, you know, professors coming and evaluating,

             3   he was being taped.  And I also noticed that days when

             4   professors came in to evaluate him, he chose teams.  He chose

             5   who was going to be call that morning because he would come

             6   in, stand at the podium, look at his seating chart, and, you

             7   know, indicate -- give some sort of indication that he was

             8   deciding who was going to be on call.

             9             Well, on days when he was being evaluated, only

            10   white males were on call that day.  So, you know, once I

            11   started seeing this, I realized, you know, this is not a good

            12   environment.  This is -- I had the feeling that this professor

            13   doesn't believe that I have the ability to compete with my

            14   classmates.

            15             And I went to him, and I said, you know, I'm having

            16   a problem in your classroom.  I feel that I'm losing my

            17   confidence.  You know, I feel I don't want to raise my hand

            18   any more.  And his advice to me was -- I thought it was

            19   advice, you know, the first year -- first semester law school

            20   student was -- well, you don't need to raise your hand in

            21   class.  All you need to worry about is doing well on the final

            22   exam.  So I thought, okay, you know, okay, fine.  Okay, I

            23   won't raise my hand.

            24             And it wasn't until maybe -- maybe over the summer,

            25   in the beginning of this second year, that I realized how








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             1   wrong and dangerous and damaging that that advice was.  And

             2   this was a person, you know, I know he was sympathetic to the

             3   fact that, you know, there's no minorities sitting in this

             4   class basically.  But he didn't even realize that there's a

             5   strong correlation between me being able to participate and

             6   engage that information in class and me doing well in the

             7   final at the end.  You know, he saw it as two separate things.

             8   But if you're not sitting in that classroom, and you're not

             9   thinking and engaging in that information -- I mean, of

            10   course, you know as a lawyer, it's not -- law is not something

            11   you just jump in the night before the exam and try to memorize

            12   that information.  You need to be working with it the whole

            13   semester.  And so I didn't realize that until it was too late.

            14   But, you know --

            15   Q    Did it affect your performance on your exam?

            16   A    Well, yes, it did.  I got my worse grade for a semester

            17  in his class.

            18   Q    And are exams the only grades for the course?

            19   A    Yes.

            20   Q    At some point in your semester exam, did you decide that

            21  you were going to drop out of UCLA Law School?

            22   A    Yes, after -- first semester we have three exams.  And

            23  after my first two exams and I decided I was going to drop out,

            24  and I made the mistake of telling Lena, the other student,

            25  before our third exam, and she was really upset.








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             1   Q    The other black student.

             2   A     The other black student.  And I didn't -- it never

             3  dawned on me, making a statement about my life could affect her

             4  life so much.  And I was just -- I already felt bad that I was

             5  dropping out.  I mean, you know, I had to tell my family.  But

             6  when she called me and she was crying, and she was so upset.

             7  And she told me that after I told her that, that she didn't

             8  realize having me there meant so much to her, that it was just

             9  -- just having a person there meant so much to her.

            10             So she ended up calling the Dean, the Deans

            11   Admissions at the school, and telling the Dean that I was

            12   going to drop out.  And this was during finals, and I was at

            13   home.  And she told the Dean, if Crystal drops, I'm going,

            14   too.  So they're going to lose their whole African-American

            15   class, which was only two, but they were going to lose

            16   everything.

            17             So I got a call from the Dean, you know, and she

            18   talked to me.  And I told her about the problems that I was

            19   having in class.  I told her about the students that were

            20   making comments in the classroom.  And, you know, she

            21   convinced me that, you know, to wait, go home over Christmas

            22   break and to decide, to just wait to decide.  So I said okay.

            23             So we took our last exam, you know.  It was bad.  I

            24   felt so guilty for having told Lena this before her last exam

            25   because she was so upset and she doesn't need that extra








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             1   burden, nor did I it, but she did not need that extra burden

             2   going into that exam, worrying about whether she's going to be

             3   the only black student coming back after Christmas break.

             4             So I went home, and I talked to my mom, and I talked

             5   to Lena, and I really felt like I had to come back for her

             6   just as much as for me because this is a single mother with

             7   two children, and how could I make a decision that could

             8   effect her, you know, so adversely that she drops out of law

             9   school?  I mean, it was a burden.  I couldn't believe that I

            10   was making -- I was going to make a decision that I had to

            11   decide on someone else's life, that was going to impact

            12   someone else's life.  It's not my family member, not my loved

            13   one, but, you know, just another student there trying to make

            14   it.

            15   Q    In the class where the snickering and the comments was

            16  going in one of those classes, did you know the other people

            17  well that were being talked about and laughed at?

            18   A    Yeah, I knew the people that were sitting right beside

            19  me, yes.  Well, there were three students sitting beside me.

            20  And I knew the one that was closest to me well.  I knew the

            21  person who was on the other side of her fairly well.  And the

            22  person who was sitting next to me, we were in a study group

            23  together.  And the person sitting next to her, attended our

            24  study groups a little bit during the first semester.  And then

            25  I didn't know the other two people very well.  It was the








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             1  beginning of the first semester. So we were on -- like, we

             2  would say hi.  We knew each other's names, but weren't in a

             3  study group together.

             4   Q    Did the students who were making these comments know

             5  anything about those people you're talking about?

             6   A    Not that I'm aware of.  I mean, I never saw them

             7  associate with each other.  I wouldn't think that they

             8  associated with each other.  So I don't know how they could

             9  know anything more than just the fact that they are first-year

            10  law students.  They might have known what undergraduate school

            11  they came from because that starts like -- kind of the first

            12  thing you ask each other, you know, what was your undergrad,

            13  what was your major.  But more than that, other than, you know,

            14  what they look like, or -- no, I don't think so.

            15   Q    You took Constitutional Law first year?

            16   A    Yes.

            17   Q    What do you remember most about that class?

            18   A    I remember being upset in that class almost every single

            19  day. I remember being in that classroom, and feeling such waves

            20  of emotions over some of the classroom comments that were

            21  happening that I could not follow lecture for ten or fifteen

            22  minutes.  I remember my legs going under the table

            23  uncontrollably.  I remember students feeling free enough that

            24  when anything was mentioned about color, to turn in their seat

            25  and stare me, and I sat in the front row.  I had students sit








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             1  there and turn to me, and stare at me, to wait for my reaction.

             2  I remember Lena getting up and leaving the classroom, running

             3  out crying, running out of the school crying not knowing

             4  whether she's okay.  And -- that was totally my worst class.

             5  That was my worst class.

             6             I remember lots of racist comments being made.  I

             7   remember going to speak to the professor in anticipation of

             8   problems that I knew was going to happen in the classroom.

             9             I don't know if you want me to be more specific.

            10             Well, we had problems -- the first problem I

            11   remember was with the Korematsu case where, you know, we

            12   talked about the case and we covered it in two parts.  So, it

            13   came before the Brown case, the Plessy case.  And the first

            14   comment that I remember feeling a little bit uneasy about was

            15   a student who said -- who felt like it was okay to round up --

            16   it was okay for the United States to have rounded up all the

            17   Japanese at that time and intern them because you really

            18   couldn't tell who was loyal and who wasn't loyal. So this

            19   person was basically making the military's argument in that

            20   case, that since you couldn't tell who was loyal and who

            21   wasn't, you would just to have to round them all up and intern

            22   them.  Of course, people are disturbed over that comment.  And

            23   another classmate, you know, answers back and says, well, I

            24   really don't understand your reasoning there, are you

            25   suggesting that if the United States went to war with Great








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             1   Britain that it would be okay, and that the United States

             2   would round up all people of British descent and put them in a

             3   internment camp.  So the student stopped for a few moments and

             4   he, goes, well, yeah.

             5             And the significance for me over that exchange was

             6   the fact that my professor stayed out of it. And here this

             7   person was saying something which I think a lot of us in that

             8   classroom felt was, you know, was wrong and maybe insensitive

             9   to some extent. But what I got out of it was, that we're not

            10   going to have an intellectual discussion about these issues,

            11   you know.  This person felt comfortable to just blurt out what

            12   they said.  Yet another student tries to respond, but this

            13   person -- once that person responded, this was like, yeah, you

            14   know, not even trying to engage in an intellectual discussion.

            15   And my professor was not mediating this.  He was not

            16   encouraging this to -- you know, okay, well, let's have an

            17   intellectual discussion about why you feel this way, or let's

            18   talk about the law.  It was just kind of, okay, we need to

            19   move on to the next topic because this is getting a little

            20   controversial here.

            21             So it was after that comment was made that I went to

            22   his office hours and I said, you know, I had seen the

            23   syllabus, I knew what was coming up. In fact, we had actually

            24   read Brown before.  We started reading the assignment before

            25   we actually got to class.  But we weren't covering the actual








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             1   decision in Brown yet we were reading it for something else.

             2   But I went to his office hours and I said, you know, this

             3   comment really disturbs me.  I know we got Brown coming up.  I

             4   know he was doing Prop 209.  He had additional readings

             5   assigned for that.  So I knew that there was affirmative

             6   action coming.  And I talked to him about the fact, you know,

             7   it's going to be difficult and I'm already feeling

             8   uncomfortable in this environment, and you're the professor,

             9   you control this classroom.  I see you as the mediator and I'm

            10   expecting you to control this classroom, and to mediate these

            11   discussions.  I don't want to censure anybody.  I don't want

            12   anybody to feel like they're censored in that classroom.  You,

            13   as the professor, have to mediate this so that we're having,

            14   you know, intellectual discussions.  And I told him, I said, I

            15   feel like one of your responsibilities as a professor here is

            16   to teach us as lawyers.  We're going to have different

            17   opinions.  And one of your responsibilities is, is to teach us

            18   how to do that in a way where we're not backing each other up

            19   in a corner, and just responding for various dispersive

            20   stances. Teach us how to talk to each other about

            21   controversial things because these are skills we need also.3.

            22   Q    What happened when you did Brown versus the Board of

            23  Education?

            24   A    What happened --

            25             THE COURT:  What was the professor's response to








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             1   you?

             2             THE WITNESS:  He agreed.  And he came back to class

             3   the next day or the next time we had class, and he made an

             4   announcement that, you know, we're getting ready to move into

             5   very controversial, very sensitive material, and I want you

             6   guys to be sensitive to people in this classroom who are going

             7   to have different opinions.

             8             THE COURT:  But he didn't disagree.  He agreed that

             9   was part of his role --

            10             THE WITNESS:  He did agree.  I don't think he agreed

            11   as strongly as I did.  But I was coming at it from, you know,

            12   I pay tuition here, and I pay your salary, and to some extent,

            13   you're here to teach me.  This is what I'm here paying for.

            14   So I don't know if he agreed as strongly, but, yeah, he didn't

            15   disagree.

            16             THE COURT:  Go on.

            17  BY MS. MASLEY:

            18   Q     I'm sorry, what happened when you read Brown?

            19   A    It was really, really difficult.  Actually, we kind of

            20  did a group of cases together. We did the Plessy case at the

            21  same time.  So there were comments made like about Plessy --

            22  there was a woman sitting right next to me, why did he just

            23  pass?  You know, why would he admit to being black if he looked

            24  as though he was not black.  And he wanted to ride in the car,

            25  why didn't he just pass?








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             1             And I wasn't quite upset about that comment as Lena

             2   was.  That was the day she went running out of the class,

             3   crying, running out of school, crying.

             4             I don't whether it was because this woman was

             5   sitting next to me, and I didn't want to react because I know

             6   all eyes on me, and we weren't in the same row.  Whenever

             7   stuff like this comes up -- I'm sorry -- for Brown -- the

             8   discussion of Brown went okay.  We focused a lot on the

             9   criticism of the decision.  And the criticism specifically on

            10   the Brown court -- the court using the psychological report in

            11   their decision.  We focused a lot on that.  One of the

            12   students who made a comment and basically just said, well, the

            13   Brown decision was wrong and it just should have never

            14   happened.

            15             And that really bothered me because at the moment

            16   that they said that, I don't know whether they had the

            17   realization that if that decision had not happened, I wouldn't

            18   be allowed to sit in that classroom with him, right then and

            19   there.  And I guess -- it was just amazing to me that he could

            20   callously throw out his comment that meant me having to be out

            21   of that classroom.  It was -- you know, I just had this vision

            22   of, like, I'm just not here, I'm just not here.  I mean, I

            23   don't know whether he considered it and he didn't care, or

            24   what.  But it was just -- well, Brown should have just never

            25   happened.








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             1             And I think probably he was saying it not because he

             2   doesn't want blacks and whites to be in the same classroom,

             3   but because he -- it just didn't even dawn on him, really,

             4   what the significance of it was which would be blacks and

             5   whites wouldn't be in the same classroom.  And that really,

             6   really bothered me.  So I was really upset.

             7             And what happens to you, you're sitting there, what

             8   happens to me, my heart starts beating, and I feel this

             9   pressure, you know, I feel like I need to respond to that, I

            10   need to respond to that.  But -- blood starts going, your

            11   heart starts pumping.  And you don't want to respond from an

            12   emotional point -- a perspective because already you're

            13   perceived as not being able to be rational, that you just come

            14   from an emotional perspective.  And so, you know -- especially

            15   when you're only being called on to state the facts, and

            16   you're not being called on to show that you can actually read,

            17   and you can actually analyze.  So you have this -- you feel

            18   this burden of I need to react, I need to react, but I don't

            19   want sound emotional because if I sound emotional they're not

            20   going to listen to what I'm saying, they're just going to hear

            21   me and go, oh, yeah, that's just exactly what we thought.  And

            22   so you don't say anything because you're not there yet, you're

            23   not -- you know, you're so emotional.

            24             And I remember talking to Lena and she's feeling

            25   exactly the same way.  And she starts telling me, write,








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             1   you've got it wright.  And I brought my laptop, and I actually

             2   took notes on my laptop.  Of course, I get so nervous and I'm

             3   not that great of typist anyways, but I would get so nervous I

             4   couldn't type.  So I started bringing paper and pen so that I

             5   could just write, write, write, write, just to control the

             6   energy and try to come back down.  But, you know, for that ten

             7   or fifteen minutes I didn't know what was going on in the

             8   classroom.  I didn't hear my professor.  I didn't hear the

             9   students.  All I heard was my own heart beating; my own head

            10   throbbing; my own inner-critical saying, why aren't you saying

            11   something, why aren't you addressing this, why aren't you

            12   saying something?  And then I would leave that classroom, and

            13   I would feel such shame and such guilt from not addressing

            14   those comments.  And Lena would feel the same way.  And I

            15   would feel I let her down, you know.  You know, if she's

            16   upset, I need to stay calm.  And we felt -- we felt, okay, one

            17   of us has to be able to say something, we can't both just be

            18   sitting there upset.  And so we started to work on it, you

            19   know.  We started to take turns so that one of us wouldn't

            20   feel the burden all the time to speak up.

            21             But I felt like -- and there was actually a time in

            22   that class when my professor asked what do you think

            23   the African-American prospective would be.  And a white person

            24   answered. I mean, two of us are sitting in that classroom, and

            25   he has to ask a white person what do you think the








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             1   African-Americans prospective would be on this?

             2             So, yeah, I felt pretty much out of control most of

             3   the time in that class.

             4   Q    Did white students complain about your presence in those

             5  classes?

             6   A    When I went to my professor and talked to him about, you

             7  know, how I was feeling, he told me that other students had

             8  come to him and felt like they couldn't be as candid as they

             9  wanted to be in class because Lena and I were in that class.

            10  And I was just -- I was stunned that -- because of the comments

            11  that were already made, I was, like, how much candid do they

            12  want to be?  I mean, they're already saying things that are, to

            13  me, just, you know, very racist.  I mean, I didn't know what

            14  they wanted to say.  But he told me that. And that's when I

            15  said to him, well, I don't want anybody to feel censored in

            16  that class, but this is a law school, Constitutional Law class,

            17  and we should be having an intellectual discussion here, not

            18  just having people shout out whatever little racist thing comes

            19  off the tip of their tongue, you know, at the top of their

            20  head.

            21             So, yeah, I guess -- you know, I only heard it from

            22   him, but I guess there were students that felt uncomfortable

            23   that they couldn't say what they wanted to say because Lena

            24   and I were sitting in the classroom.

            25   Q    Just because you were there.








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             1   A    I'm assuming so -- and, well, because we're black.

             2   Q    Did you have similar experiences in your criminal law

             3  class?

             4   A    I did.  The main thing -- well, criminal law, I had that

             5  first semester, too.  And that was again another class where I

             6  realized and my friends realized that we were not ever going to

             7  talk about some of the social implications of these cases, and

             8  even some of the social prospectives that the justices had in

             9  making these decisions.

            10             But mainly I had a problem when we got to the

            11   Bernard Getz case.  And we covered the case in class, and the

            12   professor -- and he didn't do this very often in class,

            13   decided to make a handout of hypotheticals.  So we had this

            14   sheet that we received, and it was four or five different

            15   hypotheticals. And each hypothetical was a version of a white

            16   woman standing at an ATM, withdrawing money, a black man -- it

            17   was at night, and a black man coming up to her to ask for

            18   directions.  And I remember it was the last hypothetical --

            19   there were different versions of it.  Some, she knew he was

            20   going to ask for directions; some she didn't; some he was just

            21   this way; some he wasn't. But the last hypothetical was

            22   basically that he started to ask her for directions.  And she

            23   turns around and shoots him with a gun, kills him.  And the

            24   question, you know, is this legal?  You know, is she

            25   experiencing extreme emotional distress?  I mean under New








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             1   York law is this legal?  And someone answered, yes.  And -- so

             2   we get this handout.  We don't really discuss it.  We just

             3   kind of go through the answers, and we leave class that day.

             4   I mean we were in just -- I mean, oh, my God, what do you

             5   mean, what do you mean this is -- and so we get back to class

             6   the next day, we're on a different subject.  It's like it

             7   never happened.

             8             And I'm sitting there and I'm thinking, this didn't

             9   need to be this way. I mean, didn't this professor, he's been

            10   teaching criminal law for years, didn't this professor for a

            11   moment think about the fact that he was giving us

            12   hypotheticals of a black man getting shot for just stopping

            13   and asking directions?  Didn't he think about the fact that

            14   he's using a hypothetical, a white man who felt threatened by

            15   four black youths.  This man decided to use a hypothetical

            16   about a white woman standing at an ATM who kills a black man

            17   without knowing the reason why which for me -- and I can't

            18   believe that not for most people -- it brought up the imagery

            19   of, you know, back in the deep south where a white woman could

            20   just claim anything, and a black man is going to get lynched

            21   without even getting a trial.  It didn't occur to him that

            22   he's invoking the same imagery, and we never discuss it?  It's

            23   just a handout like, you know, take it home, and then we move

            24   on to a new subject the next day. And he's got the only two

            25   black students in the class, in his criminal law class, and








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             1   that's what he chooses to do.

             2   Q    This pressure from racism in your classes, did it change

             3  your self-image and your relationship to your law school work?

             4   A    Oh, yes. I mean -- you know, I enjoyed school.  I was a

             5  good student.  I was confident until I got there.  And I

             6  started thinking, you know, there's something wrong here,

             7  there's something wrong.  And as I was -- you know, as I was

             8  losing my confidence to speak up in class, as I was seeing that

             9  my professors had no confidence in me -- I mean, that's what I

            10  was assuming by the fact, you know, if they're not calling on

            11  me, or they're only calling on me to answer one small little

            12  detail, and then, you know, other people would be on call all

            13  day in class.

            14             I started to lose my confidence about even becoming

            15   an attorney, about my capabilities to become an attorney,

            16   about my desire to become an attorney.  And by second

            17   semester, I -- you know, I just said I can't control this, and

            18   I started looking to other areas of my life that I could

            19   control, and my focus just shifted.  So I was there. I was

            20   showing up for class every day.  But I wasn't -- you know, I

            21   wasn't really engaging in it.  I was -- I felt like I was

            22   spending more time on it, but not with any of the confidence

            23   or the optimism that I started law school with, you know.  It

            24   was more than -- I mean, I had to really force myself to want

            25   to do the reading.  Forced every day I got up.  And -- it's








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             1   still like that.  Every day I have to convince myself to go to

             2   school, and I used to love school.  Because when I started at

             3   UCLA, I wanted to do the joint degree program.  I knew at some

             4   point, you know, given how I was going to have to work as a

             5   lawyer afterwards, but I wanted to go back and do a Ph.D. in

             6   my public policy. And once I got there, I was just so glad I

             7   hadn't applied to the business school.  It was, you know, I

             8   just want out of school, period.  I had no motivation or

             9   desire for academics.  I mean, I love reading.  I love

            10   arguing.  I love writing.  I was a great writer before I got

            11   to UCLA.  I used to have my professors ask to keep my papers

            12   as examples for other students in class.  I spent my last

            13   quarter at Stanford working on my honors thesis, and I loved

            14   it.  And then all of a sudden, I can't write a paragraph, I

            15   can't write a sentence?  So it was very discouraging.

            16   Q    And who was telling you or treating you like you could

            17  not write a paragraph or a sentence?

            18   A    My lawyering skills professor.  I mean, you know, a

            19  paragraph, nothing good in a paragraph.  It was just amazing to

            20  me.  I know writing from a legal standpoint is different, but

            21  it's not that different that you can't even get a paragraph

            22  correct.

            23   Q    Were you ever in classes where professors would go down

            24  the row and call on people?

            25   A    Frequently.  In my large section that's -- you know,








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             1  sometimes they way the did it.  Not in the class where the

             2  professor had a seating chart, but in other classes which was

             3  more a softer Socratic method.  Yeah, they would start calling

             4  -- you could see a pattern where they're call on a row until

             5  they get right up to me and then they jump to the row behind

             6  me, or they jump to the row in front of me, or they jump to the

             7  row on this side of the room.  And I don't know what their

             8  motivation was for that.  I don't know whether they felt like

             9  I'm not going to call you because I don't want to embarrass

            10  you.  And I don't know whether they realized that the fact that

            11  they didn't call on me, you know, that's what embarrassed me

            12  because it was very obvious that they were not calling on me.

            13  And so the perception is that they're not calling on me because

            14  I couldn't possibly know the answer.  And that was a stigma.

            15  That was embarrassing.

            16   Q    What was at stake for you each time you were sitting in

            17  those classes and taking those exams?

            18   A    My emotional and physical well-being was at stake.  I

            19  mean, if you really want to get down to it, that's what it was.

            20  I mean, I was emotionally a wreck, and that's the basic of what

            21  was at stake.

            22             Next level was at stake, my learning, my GPA, my

            23   opportunity.  I think most people realized that, you know,

            24   your first-year law grades are very important in terms of you

            25   being eligible for employment, your summer job, you know,








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             1   externship, all of that.  All of that was at stake. Every time

             2   I got emotional in that class for -- I felt silence in that

             3   class and I didn't engage that material, you know, that was

             4   effecting how I was going to do on the final exam.  How I do

             5   on the final exam effects what I put on my resume.  It effects

             6   my GPA.  It effects what I put on a resume.  It effects

             7   whether I can and I have not been able to participate in any

             8   of the on-camp interview programs which our program is --

             9   because I don't have the minimum GPA that these firms want.

            10   So -- and then, who knows?  I don't know how it's even going

            11   to effect me.

            12             Now -- the battle that I'm fighting now, is that our

            13   school has this idea and I don't know whether it's good or

            14   not, but that your first-year grades are going to determine

            15   whether you pass the bar.  And so I'm finding out now, people

            16   telling me I'm not going to pass the bar. So maybe all of this

            17   is for nothing.  Maybe I'm not going to be an attorney.

            18             So what's at stake, everything's at stake.  Every

            19   person who's invested in me up until this point, their

            20   expectations are at stake, their feelings are at stake.  My

            21   future is at stake.

            22   Q    How would you compare and contrast your experience at

            23  UCLA Law after the elimination of affirmative action and your

            24  experience at Stanford?

            25   A    It's like night and day.  It's like night and day.








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             1  Stanford had affirmative action, and not for one minute that I

             2  was at Stanford, not for one minute ever, did I feel -- you

             3  know, I attended classes.  I was selected into a program to

             4  spend a quarter in Washington, D.C.  I did an internship at the

             5  Department of Commerce.  I attended lots of events there that

             6  the Stanford and Washington campus had going on.  Lots of

             7  interactions with different people, with dignitaries.  Not for

             8  one minute did I ever feel like a student, a Stanford student,

             9  a Stanford faculty member, a Stanford administrator thought

            10  that I was there because of affirmative action.  I came to UCLA

            11  Law School after the end of affirmative action, and I have

            12  gotten that feeling the students sitting in my classroom, from

            13  my professors, from the administrators.  I actually had an

            14  alumni ask me, how do I think I got in to UCLA Law School?  And

            15  there is no affirmative action, yet I get treated like I'm

            16  there because of affirmative action all of the time.

            17   Q    When you were being treated and judged in these ways, did

            18  you feel like it was just you who was being treated and judged?

            19   A    No, no.  I -- I mean, because I had Lena.  And we were

            20  going through it together. There were other people of color

            21  that were going through it also.  But I think Lena and I were

            22  spotlighted because there were just the two of us. So we sort

            23  of were just highlighted more than the other students.  But

            24  Latino students are going through the same thing.  There was

            25  only one Native American in my class, you know.  So, they're








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             1  going through it, too.  So I knew it wasn't just me.  It's just

             2  that the whole, you know, black and white, it's more extreme

             3  with African-Americans than it is.  And we were just two.

             4   Q    You said that many times you found yourself silent, not

             5  saying anything, wishing you would speak --

             6   A    Yes.

             7   Q    Each time you were silent, what toll did that have on

             8  you?

             9   A    A real emotional toll, a real -- you just -- you lose a

            10  piece of yourself.  You lose self-confidence.  You lose your

            11  power.  Each time I didn't raise my hand when I knew the

            12  answer, each time that I didn't respond to a comment that I

            13  knew was wrong, I felt a little piece of me leaving.  I felt a

            14  little bit of who I was dying off.  You know, I was -- I think

            15  I was tremendous person before I got to law school.  I had been

            16  through a lot.  I had accomplished a lot.  And I felt like this

            17  defeated person who had no power, who had no voice.  It took

            18  thirty-four years for me to accomplish everything in less than

            19  a year I felt like I was just powerless, like I had nothing.

            20  And I didn't even know -- you know, my mom, she can't

            21  understand this.  She can't understand why I just can't draw on

            22  the strength of everything that I've done before that.  She

            23  can't understand how sitting in that classroom, day-after-day,

            24  and feeling parts of you dying and feeling, you know,

            25  dis-empowered, that that's all you can focus on while you're








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             1  there.  You don't -- you can't just go, oh, well, but yeah, but

             2  I used to run my own business, but yeah, I used to be able to

             3  do this, yeah, I used to be able to do that. You just sit there

             4  and you just feel like I don't have any power, I don't have any

             5  strength, I'm weak.  You know, that's how you start to feel.

             6  You're losing that. It starts to take a physical toll.  You

             7  can't sleep.  You're stressed all the time.  So it has a lot of

             8  costs.

             9   Q    Well, you're a tremendous person now.

            10   A    Thank you.

            11   Q    How did you finish the year academically?

            12   A    First year, I did marginally better than I did first

            13  semester.  And part of the reason for that -- I don't know if

            14  you want me to go into the reason why.  Part of the reason why

            15  was because after your first semester grades which I did not do

            16  well, the school has an academic support system.  And the way

            17  that that works is they have a professor who teaches a class in

            18  a sort of a supportive environment.  Meaning, you have a study

            19  group, and you go to that study group, and you do weekly

            20  assignments.  And for our first year it was going to be --

            21  property was the class.  So when -- you're eligible -- I didn't

            22  have to go into in, my grades aren't bad enough -- well, first

            23  year I don't know if -- I don't think anyone has to go into it.

            24  I think it's optional.  But, you know, that class is there, and

            25  it's to help you. And I remember, you know, Lena and I talking








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             1  about it because we're both eligible to go into it.  And we

             2  talked about the fact that we didn't want both of us to be in

             3  it, what would that look like if both of us went into that

             4  class, because that class has a stigma.  It's the "remedial"

             5  class.  It's the class of "dummies" who can't make it in law

             6  school.  So we didn't want the whole African-American class to

             7  be in there.

             8             And so, I didn't really care for the professor all

             9   that much.  She had been at the summer program, and -- it's

            10   not that I didn't like her personally, I just kind of had some

            11   trouble with her style of teaching because her style of

            12   teaching is kind of like a kindergarten teacher.  We have

            13   blue, we have yellow, and I guess that's what they think

            14   academic support is all about.  So I said, well, I'll stay in

            15   the regular property class because we would have had that

            16   class together.  It was a big section class. So she went into

            17   the academic support class, and I stayed out.  And I can tell

            18   you she did a lot better than I did second semester.  So I did

            19   not finish the year very strongly, but I did marginally better

            20   than first semester.

            21   Q    Was that what your performance should have been?

            22   A    No, no.  I mean -- I knew the material.  I understood the

            23  material.  Even if I wasn't raising my hand in class, you know,

            24  I knew whether I understood what was going on or not when I was

            25  able to tune in.  I knew I should have done better.  I was not








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             1  -- it wasn't that I got the exam and I didn't understand what

             2  the professor was asking.  It's not that I didn't understand

             3  what a law school answer took.  It's not that I didn't

             4  understand that IRAK was.  I should have done better, and I

             5  could have done better.

             6   Q    What was it that held you back?

             7   A    My lack of confidence.  My state of mind when I sitting

             8  down taking that exam.  And my state of mind throughout the

             9  semester.  I mean, I will have to say that not working with

            10  that material, you know, it does impact how you're going to do

            11  on the exam.  You're not practicing talking about it.  You're

            12  not practicing formulating the arguments, you know.  That

            13  effects -- it effects your pace, if nothing else, because you

            14  have to stop and do all that during the exam.

            15   Q    And was it the accumulation of these racist incidents and

            16  the atmosphere in the law school that snapped your confidence

            17  from you?

            18   A    Yes.  It's like taking a battering every day.  And it's

            19  still -- I mean, it's not just the horrors of first year

            20  because very first-year student has horrors.  It's a horrible

            21  thing for a year. But, you know, it's even more horrible when

            22  you're only one of two, or you're only one, and you're sitting

            23  there with these extra burdens on you, on top of just the

            24  horrors of being a first-year student.  And although the

            25  horrors of being a first-year student are over for me, the








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             1  other aspects of being at UCLA after the end of affirmative

             2  action are still there. I still carry them every day, and I

             3  still take a battering over them every day.

             4   Q    Have you at some point recently taken an academic support

             5  class?

             6   A    Yes, after I -- after I did only marginally better, I

             7  went home, and, you know, I was still optimist because I had

             8  done a little better, and I was still optimist that, hey, I can

             9  turn this around.  And at some point, I don't remember exactly

            10  what day it was, but in the month of July I received a letter

            11  from the Dean stating that I was on academic counselling, and

            12  that I would have to have every class that I wanted to take for

            13  second year approved by the Dean.  And that I needed to take --

            14  initially reading the letter, I thought I had to take both

            15  classes. There are two academic support classes for second

            16  year:community property and wills and trusts, and I thought I

            17  had to take both so I ended up signing up for both.  So, yes, I

            18  was in two academic support classes my first semester of second

            19  year.

            20   Q    And have you felt you've been treated fairly and equally

            21  in that context?

            22   A    In one of the classes I believe I was, in the wills and

            23  trusts class which is taught by the professor who taught the

            24  first-year property class.  So I ended up being in her class

            25  anyway even though, you know, I chose not to go in first year.








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             1             My other class, community property, I thought

             2   throughout the semester that I was being treated equally.  I

             3   thought I was doing well in that class.  I enjoyed the

             4   subject.  I understood it.  I was tutoring other students in

             5   that subject.  I was attending the weekly study groups which

             6   included doing presentations to the other class.  I always had

             7   great compliments from my professor on the presentations.

             8             Up until a week before finals, and part of what this

             9   program does is at the end you start taking practice essays.

            10   You write out answers to her questions.  And there are four

            11   questions.  You don't have to do it.  It's voluntary.  And you

            12   try to do it as soon as possible so you can get better

            13   feedback from the professor because if you wait until the end,

            14   everybody jams up, you're not going to get much feedback.

            15             So I did that.  I turned in my first one, and I got

            16   mediocre, you know, you need to improve here, you need to do

            17   this.  So you keep rewriting it.  The advantage to this is

            18   that you can rewrite it until you get to that "A" answer.

            19   She'll keep telling you what to do to get to the "A" answer.

            20   So I needed to rewrite it, so I did that. But it was, you

            21   know, getting close, so I decided well, I'm going to go in and

            22   do question two and three also.  So I submitted those, too.

            23   And it was a week before the final exam that I got back

            24   comments from her and the comments were, are you intimidated

            25   by the question?  It seems like you're having a problem, you








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             1   know -- because I went and talked to her about it.  It seems

             2   like you're just intimated by the question.

             3             There was nothing -- there were no comments that

             4   were constructive in terms of substantive stuff that I could

             5   do to correct the essay.  It was all comments about me and how

             6   I approached, or how I perceive, or how I -- you know, decided

             7   to set up my answers.  And so -- when I got those, I was just

             8   -- I was floored, I couldn't believe it, you know.  I went

             9   downstairs after getting -- our library, our downstairs is our

            10   study area.  And my friends were down there. And I was just so

            11   upset.  I was actually suppose to be outlining.  I was suppose

            12   to be working on something else, and I couldn't focus.  I

            13   couldn't focus for, you know, an hour, I'm just sitting here.

            14   My friends are telling it's okay, you know, you need to go

            15   talk to her.  I'm saying, no, no, I'm not going in there, I'm

            16   not going in there.  And, you know, I felt this way throughout

            17   the semester.  I didn't want to go any of my professor office

            18   hours especially after first semester when I -- you know, I

            19   had taken -- the normal approach for me would be if you have a

            20   problem you go and talk to somebody about it, you know.  I'm

            21   not the sort of person that would normally sit there silent.

            22   I would go and talk, but I did not have the experiences when I

            23   did that. So by second semester, I wasn't willing to do it.

            24   And this went -- you know, I was forced to interact with her,

            25   but I did not want to go and see her after that.  I felt like








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             1   I don't need this right before an exam.  I don't need to have

             2   somebody telling me I can't do this right before the exam. So

             3   I was like oh, I'm not going to go.  And they talked to me for

             4   about an hour.  And then I got convinced that, you know, you

             5   have to go because I can't go into that exam feeling like I

             6   can't do this, like I'm intimidated by the questions. So I was

             7   like I need to go back -- I need to go into her office just

             8   because I need to gain my power back, you now.  Not that I

             9   thought she was going to change and tell me substantive things

            10   that I could do to perform better on her exam.  But I just

            11   needed to go there and gain my own personal power back so that

            12   when I sit down to take that exam, I'm not coming from the

            13   prospective I'm so intimidated by the question is that all I

            14   can do is write a bad answer.

            15             So I went to her office hours.  And one of my

            16   friends who is also a student was in her office already, and

            17   she asked if it was okay if I come in. So I came in.  I talked

            18   to her about the comments.  And, again, she verbalized what

            19   she had written, are you intimidated by the question?  And I

            20   told her, no, I'm not intimidated by the question, you know.

            21   I love this subject.  I think it's great.  I really understand

            22   it.  I have a real personal interest in this.  And, no, I

            23   never felt like I was intimidated by the question.  So we're

            24   talking, this other student is talking, and a third student

            25   comes in, comes into the room, And when she comes in, the








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             1   professor asks her can I show your essay, your answers to the

             2   questions to these two students still here, and the girl says,

             3   yes.  So she pulls out her essay, answers to question two and

             4   question three, and let's me look at them. She starts talking

             5   to the student about something else.  And I look at the paper,

             6   I think it was question two, on my paper this was the one

             7   where I got the comments about being intimidated and she

             8   didn't like the way I had organized my answer.  I put some

             9   headings and she felt like they should be in different spots.

            10   And she had drawn these arrows all over my paper, you know, up

            11   here, circle this, and, you know, my whole paper just had all

            12   these ink marks all over it.  And I looked at this other

            13   girl's paper, she done exactly the same thing I had done.  She

            14   organized her stuff with these headings in the same order.

            15   She had no arrows drawn on her paper.  No line, no circles.

            16   She had a little comment that said, maybe you should put this

            17   at the end.

            18   Q    And what is the race of this student?

            19   A    She was white.  And I was sitting there in the office,

            20  and I'm looking at my paper, I'm looking at her paper, and I'm

            21  going, I can't believe this, I can't believe this.

            22             And so I didn't say anything again.  This other

            23   student who was here with me had a question that she needed

            24   answered.

            25   Q    What was her race?








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             1   A    She's Asian.  I think she's Chinese, I'm not sure.  Well,

             2  I'm actually pretty sure.  I think she's Chinese, yeah.

             3             And she had a question, a substantive question, a

             4   substantive law question, and she was asking the professor

             5   this question.  And the professor had moved back around to her

             6   desk.  So the professor turns to this third student, this

             7   white student and tells this student to explain this area of

             8   the law to us that she was going to search the Internet.  And

             9   she turns around to her computer and she searches the

            10   Internet.  And I actually already knew the answer to this

            11   question, but I was the one asking it, so I didn't say

            12   anything.  But I'm sitting here thinking about, wow, this girl

            13   must feel great. She's come in here to find out how she's

            14   doing and the first thing the professor says to her is, let me

            15   show your work to these poor little students sitting here.

            16   And we're all in the same situation.  She's on academic

            17   counselling with us, you know.  So it's not like she was, you

            18   know the TA, or she was a third-year law student, she's in

            19   exactly the same position as us.  And so now her work is being

            20   shown as, you know, the example work of how to do things, and

            21   she's been there breaking it down to us. So she leaves and

            22   she's feeling wonderful, you know, because she knows she knows

            23   her stuff, and she's going to take exam in a week and she's

            24   going to do great, I'm sure.  This is what I'm thinking at the

            25   time.








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             1             We leave that meeting.  And I sit with the other

             2   student in the hallway for a half hour while she's crying, and

             3   she's totally defeated.  And she doesn't want to take the

             4   exam.  She's scared to death that she's going to do badly on

             5   that exam.  And that's the difference of what is going on at

             6   that school.

             7             That's what the end of affirmative action means, is

             8   that the few minorities that do get in, are feeling defeated

             9   the whole time. And the other students are feeling empowered.

            10   And we're competing against each other because we're on a

            11   curve. When we go into that classroom, and we take an exam,

            12   we're competing against people who are feeling empowered,

            13   people who are not carrying the burden of haven't we had a

            14   protest, of having to worry about their classmates being

            15   arrested, you know. That's who we're competing with.  So, yes,

            16   is my GPA effected by it?  Sure, because I'm not setting the

            17   curve in that class, someone else is.  I'm just having to

            18   compete against them.

            19   Q    You said you had felt very good about the community

            20  property class, you felt very confident in that subject.

            21   A    Yes.

            22   Q    What happened when you took the exam?

            23   A    The exam was half multiple choice which was a change she

            24  made this year.  It was a closed book exam.  It was half

            25  multiple choice, it was half essay.  I knew the subject.  I








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             1  knew it so well.  I know I knew it.  I talked to students, you

             2  know, the days before the exam.  And I got to that multiple

             3  choice, I could narrow it down to two, but I was confused

             4  between the two.  I didn't trust my instincts.  And I found

             5  myself going back, circling things in the fact pattern, you

             6  know, is it this, is it this, and just going over it, and over

             7  it, and over it.  And at the time I was doing it, I didn't know

             8  my pace was off.

             9             But -- there was a problem with the exam.  There was

            10   a calculation that was further on in the exam, and one of the

            11   numbers was incorrect.  I guess students had realized it and

            12   gone to the proctor and told the proctor.  The proctor had

            13   contacted the professor to find out what the correct figure

            14   was.  When the proctor came back to our exam room, and made

            15   the announcement that the figure should be this, the classroom

            16   exploded.  People were so upset.  They're yelling, they're

            17   screaming.  And I look up, I'm not to that section of the exam

            18   it.  I totally freak out because I think I'm not going to be

            19   able to finish the exam because our exams, you know, their

            20   race horses.  If it's a three-hour, three-and-a-half hour,

            21   four-hour exam, that's a race horse exam.  And so I panicked

            22   because I wasn't even there yet, and these people were already

            23   done.  So I had outlined my answer, you know, after I finished

            24   the fact pattern, I had outlined my answer, I knew what I was

            25   suppose to write about for the essay.  But because I panicked








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             1   I skipped over a whole section that was valuable points to

             2   just do the calculation.  And I missed that and I ended up

             3   with a bad grade in that class, my second worse grade -- well,

             4   equally worse grade in law school.

             5   Q    And when you were taking that exam did you have in your

             6  mind the conversations with the professor?

             7   A    Sure, I had that going in.  You know, I had it the day

             8  before when I was studying for the exam.  Of course, I had it,

             9  you know, while I was in there.  I mean, you don't ever get rid

            10  of it. You don't -- I don't walk away from UCLA and then I'm

            11  back to my confident self.  You don't -- it's with you the

            12  whole time.  And it's not just that professor.  It's been

            13  repeatedly shown to me that their confidence in me is just

            14  nill, you know, and not just in me, but in, you know,

            15  minorities, period.

            16   Q    What has the loss of numbers meant to the Black Law

            17  Students' Association?

            18   A    Well, it meant that we almost didn't have it.  First of

            19  all, we lost the National Black Law Journal.  I'm not on a

            20  journal.  We don't have -- and I could be on another one, but

            21  they don't interest me. But we don't have a National Black Law

            22  Journal.

            23             Last year most of the student organizations -- at

            24   UCLA, second year run the student organizations. In April is

            25   when they have their elections for who is going to take over








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             1   and be the officers.  April came along, Lena and I are looking

             2   at each other, well, we don't need an election because there's

             3   only two of us.

             4             I guess we just -- I knew, I knew from first

             5   semester, I remember one day -- the first time I attended the

             6   Black Law Students' Association meeting, I remember walking

             7   home hyperventilating because I thought, oh, my God, oh, my

             8   God, I have to run this thing by myself next year because Lena

             9   feels -- keep in mind, she's a single parent with two

            10   children, age six and eight.  She has to go home to her

            11   children, and I understand that. So I have to carry a lot of

            12   the burden of being places and speaking for our class because

            13   she couldn't be there because she was with her children.  So

            14   in the back of my mind, I'm thinking, oh, my God, I have to do

            15   this by myself.  I can't do this by myself.  I don't even want

            16   to do this.  When I came to the school, I never wanted to be a

            17   leader of the Black Law Students, I wanted to be a member and

            18   suppport a leader.  No, I just wanted to be a law student.

            19             And so April comes.  Lena and I realize we have to

            20   do this. But the people who are running it now don't want us

            21   to do it.  They want BLSA to die because they don't feel like

            22   Lena and I can do it.  And when they lost the National Black

            23   Law Journal, it was -- it was sort of like this slow

            24   unrecognized gap.  It was just kind of like, we just don't

            25   have enough people to do it any more.  We don't have enough








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             1   people to write. We don't have enough to edit. We don't have

             2   enough people. And they just sort of closed up the doors one

             3   day, and I mean literally because I had to go in and clean

             4   that office up.

             5             It was pens sitting on a piece of paper, like this,

             6   like this. It was like somebody just up from the desk that day

             7   and they locked the door and they never opened it again. So

             8   they didn't like that to happen with BLSA.  This is a very

             9   active group of people, and they wanted attention to the fact

            10   that there weren't enough black students to warrant the Black

            11   Law Students' Association. So they fought against that.  They

            12   really -- they did not want us to take it over.

            13             But Lena and I felt like we've already lost so much,

            14   you know, there's nothing there for us in terms of support.

            15   And they would say to us, what do you have -- what can both of

            16   you view that you can't get?  Well, being -- having the Black

            17   Law Students' Association opens doors that -- just being

            18   Chrystal James doesn't open.  Number one, it opens a

            19   connection to the other Black Law Students' Associations in

            20   Southern California which we really need because they have job

            21   fairs. They have academic support teams.  They have social

            22   events. They have community. And we needed to have that.  It

            23   gave us a mail box.  It gave us a phone number so that when

            24   different events were going, there would be some way for

            25   people to contact us.  And we thought that we needed that.








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             1   Plus, we thought we deserved it, you know. Every second year

             2   has the opportunity run their student organization.  And we

             3   felt like we deserved to have that.  That's the least we

             4   deserve to have.  And so we fought.

             5             We didn't really have a faculty advisor who was real

             6   supportive. What we found was a faculty advisor who said if

             7   you want to do this -- I'm not telling you, you should, but if

             8   you guys want to try and do it, then, you know, I will be your

             9   faculty advisor.

            10             And we have an annual solidarity dinner.  And

            11   fortunately we went to that dinner and our alumni were very

            12   supportive and saying, don't let BLSA die, don't let BLSA die.

            13   So Lena and I did, but we came very close to not even having

            14   an official student organization.

            15             And another fear for us is that if we let it go now,

            16   it's very hard to get it back.  And people were telling us

            17   that.  And so we struggled.  And when we took it over, you

            18   know, we realized that we're going to be very limited in what

            19   we could do so we made basically two goals for the year.  One

            20   was to support any first years that came in because we didn't

            21   have it.  And the second was to try to develop our alumni

            22   contact because we really have to depend so much on our alumni

            23   now because we just don't have the student population any more

            24   to do hardly anything.  So we're requiring a lot more from our

            25   alumni.








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             1   Q    From talking to other students, to other black students,

             2  you got a sense of how the numbers had dropped.

             3   A    Yes.

             4   Q    And from those discussions what was your understanding of

             5  the number of black students in the entire UCLA Law School in

             6  1996?

             7   A    There were eighty students there.  Eighty.  And, in fact,

             8  that was published on the Website. What BLSA had is a Website

             9  which is a one-page text that had no links or anything.  But

            10  there were eighty students there in 1996.  I was, like, eighty?

            11  Eighty students?  I can't imagine what it must be like to be

            12  walking around at that law school with seventy-nine other black

            13  students here.  I mean, we have, what, like ten right now or

            14  less than ten because people go off on externships and stuff

            15  like that. And it was just incredible.  I just -- and they tell

            16  me -- you know, the other thing was the Black Law Students'

            17  Association had -- I think, like, three years in a row, one an

            18  award for their community service.l And that was another reason

            19  why they wanted us to give it up because they didn't want to

            20  see it diminish.  It had been such a great positive and

            21  effective organization, they didn't want to see it dwindle into

            22  this nothingness, you know.  So it was like -- I just couldn't

            23  believe it.  And the things they were able to do, the community

            24  that they had there, that these students -- because the third

            25  years had entered -- there were still two years, two classes








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             1  there, that were pre-209.  And so they had the experience of

             2  having lots of blacks there, lots of blacks feeing positive,

             3  feeling optimistic, feeling powerful, feeling confident.  They

             4  experienced all of that.  And they would talk to us about it.

             5  It was incredible.  I just -- I'm sorry I'm not having that.

             6  I'm jealous.

             7   Q    Did BLSA normally have a graduation dinner?

             8   A    Yes, that's one of the responsibilities of the second

             9  years who are in the organization is to give their third years

            10  a graduation dinner -- or party -- a graduation celebration,

            11  whatever they decide it should be.

            12   Q    And the year you graduate, is that a graduation dinner of

            13  two?

            14   A    I believe it's going to be. There's a possibility it may

            15  be three only because there is a student who's in our -- who is

            16  a third -- she would be a third year now, but she had to take a

            17  semester off because she had a baby.  And I think she's going

            18  to walk with us. She's not really our class.  She didn't enter

            19  with our class, but I think she's going to walk with us.  But

            20  who knows even whether she'll walk, but yeah -- I mean,

            21  technically, yes, it will be a graduation of two.

            22   Q    And have you done anything to compensate for that?

            23   A    We haven't done anything for us because it will be -- it

            24  will be the students that come behind us, that over. But for

            25  our graduates, there are three who are graduating, who Lena and








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             1  I have the responsibility of giving them some sort of

             2  graduation celebration.  And we're just -- you know, we're

             3  talking about it now this semester because it's coming up. And

             4  it just seems so ridiculous to plan this big party for three

             5  people. And so what we're doing is -- and actually one of the

             6  third years suggested that we try to combine with LLSLO, the

             7  Latino-Latino Student Law Organization and AIPLSA, which is the

             8  Asian Island Pacific Law Students' Association so -- because

             9  their numbers are down, too.  And then AILSO, American Indian

            10  Law Students' Organization, they have, like, one graduate. So

            11  we're trying to combine together all of the third years so it

            12  can at least seem like a party; otherwise, we could all get

            13  together, five us, and go, yea, you made it.  But we want it to

            14  be a big celebration.  It's a big accomplishment.  And we want

            15  it to be a big thing. So that's the way we're going to have to

            16  do it is all of us get together so we can have, you know, have

            17  more than three or four people there and have a big party.  I

            18  don't know what the details of it are going to be yet. We're

            19  just starting to plan it.

            20   Q    How many black students were admitted your year?

            21   A    I believe eighteen.

            22   Q    And it was two -- three?

            23   A    Well, there's some question as to whether the third one

            24  actually checked the box or not.  So at least by the end of

            25  first semester the official number was two.  So, yeah, two to








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             1  three of us, or two and a half enrolled.

             2   Q    The fall in the numbers is really profound.

             3   A    Yes, it is.

             4   Q    I want to know if it's just a question of the numbers.

             5  Had you had many experiences of being one black person in a sea

             6  of white people before?

             7   A    Oh, sure.  In my undergraduate, I've been in classes

             8  where I was the only black.  I've been in history classes where

             9  we had to discuss slavery, the end of slavery, reconstruction,

            10  civil rights.  I've been -- most of my work situations, I've

            11  been the only black.  I had a career in banking.  I was the

            12  only black in the office.  Even right before I went to law

            13  school, and I worked in a legal department, and I was the only

            14  back.  No black attorneys in my area of the department, anyway.

            15  And I was a legal assistant.  I was the only black legal

            16  assistant.  There were no black attorneys. So I've been in many

            17  situations.  I grew up in a town where there was only one other

            18  black family.

            19   Q    What is different about this?

            20   A    What's different is the way you're treated because of

            21  being the only black.  And in the past, in my experiences, I

            22  always  -- I always felt okay about it because I had people

            23  encouraging me, people making me feel good for my

            24  accomplishments, for my ability, for my skills, for my work

            25  ethic.  And here it's just the opposite.  People have this








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             1  assumption already and they perceive to treat you based on that

             2  assumption.  It doesn't matter what you're doing.  You know,

             3  when I'm sitting in that classroom, especially the first few

             4  weeks, those professors don't know, you know, what my abilities

             5  are.  They don't know my resume.  They don't know what I've

             6  done before I came to their classroom.  They can probably look

             7  at me and see that I'm an older student than the norm that's

             8  sitting in that classroom.  But they don't know what my

             9  experience has been. But their assumption is still that I can't

            10  answer their questions other than to relay the facts of the

            11  case that I read last night.

            12   Q    And they assume that about you because you're black.

            13   Q    I believe so, yes, since I don't see it happening non

            14  black students.

            15   Q    Were you political at all before you got to UCLA Law

            16  School?

            17   A    No, no, I wasn't.  I always felt like I was contributing

            18  to African-Americans doing better by me doing better.  By --

            19  you know, like I said I was in many, many situations where I

            20  was the only black.  And I felt like by performing well and

            21  being a good person, that spoke to them, you know, all blacks

            22  are not alike.  We don't all think alike. We don't all look

            23  alike.  We don't all act alike.  And -- you know, I would talk

            24  to people about the fact that they hadn't been around a lot of

            25  blacks before and they had different ideas and around me,








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             1  changed some of their ideas.  Or they would ask questions, or

             2  whatever.  So I always felt like I was adding just by being who

             3  I was.  And so I never really get engaged in any kind of

             4  political activity.

             5             Stanford, although there was -- there was some

             6   activity about, you know, when 209 was going to hit the

             7   ballot, there wasn't a lot of organized stuff on campus.  And

             8   I was away for one quarter, too. So I didn't get involved

             9   there.  And I never wanted to.

            10             Again, going back -- I did not want to go to Boalt

            11   because I did not want to be put in that position, you know.

            12   Maybe if I was twenty-two years old and I was planning on

            13   being a civil rights attorney, that would have been the

            14   perfect environment for me, you know.  But you know, I'm kind

            15   of pass those years. And I just wanted to, you know, learn how

            16   to be a lawyer.  I wanted to be a corporate lawyer.  So I did

            17   not feel like being a political activist was going to be the

            18   best route for me to incorporate all this.  So, no, I was not

            19   political.  I was not planning on being political.

            20   Q    Did you find nonetheless that you had to take a stand at

            21  UCLA?

            22   A    Definitely, definitely.  You know, the fact that only two

            23  enrolled made it a political situation.  And when I got there,

            24  the pressure's on you.  I mean, there's two of you there.  And

            25  there are people that are upset about it other than you, and








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             1  they want to do something about it. They want you to do

             2  something about it.  I became -- Lena and I became the poster

             3  children, literally.  The poster children of the effect of the

             4  end of affirmative action.  I would go down the hallways when

             5  there were rallies and protests and see poster that said, only

             6  two African-Americans.  There were songs made up, only two,

             7  shame on you. People were chanting about me.  People were

             8  making posters about me.  The statistics were all around.  And

             9  I remember going -- you know, the first big protest that was

            10  planned, the organization that was planning it was having a

            11  meeting.  They needed people to help make signs.  Now, I'm a

            12  supporter. Like I said, I didn't go there planning to lead

            13  anything.  I'll support, you know, but I really just wanted to

            14  focus on being a law student.  So I said, well, I'll come in

            15  and I'll help signs. So I was there painting signs.  Even

            16  though some of the signs were about me, you know, only two.

            17  And then they started talking about we need speakers, we need

            18  student speakers.  And they said, we really need you to speak,

            19  we really need you to talk about, you know, what's it like for

            20  you to be here.  And I didn't want to do it.  I hate public

            21  speaking.  That's why I was really nervous, and you guys know

            22  that I -- some of you know I did not want to come and do this

            23  because I hate public speaking.  So I didn't want to do it.

            24  But they really were telling me, we really -- we need you to do

            25  this.








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             1             And then I felt like after having the signs and

             2   hearing the songs, and that I needed to let people know that

             3   there are human beings behind these statistics.  These only

             4   two?  I'm one of those only two. I'm the one who comes here

             5   and it's only one of two, and I needed people to see that.

             6   And so when I did my -- when I spoke, when I wrote the speech,

             7   I wasn't writing it, you know, oh, the policy this.  I was

             8   writing about what it's like to be one of two and walk the

             9   hallways.

            10             I'm not from LA.  I had never even been to the UCLA

            11   campus before the first day that I came to the summer program.

            12   So I didn't have a car. So I had a gotten an apartment.  I was

            13   very close to campus.  I knew I could get to school every day.

            14   So I walked.  And one of the things I ran into shortly

            15   thereafter was the fact that I needed to get my hair done

            16   because I put a relaxer in my hair, and I wanted to try to

            17   keep my hair, so I decided I better not do it myself.  There

            18   was nobody out there for me to ask where can I go get my hair

            19   done?  You know, that's what I wrote about.  In my speech I

            20   wrote, you know, to some people, that might seem really

            21   insignificant, like, oh, you can't get your hair done.  But

            22   when you're a first-year law student, and you're going through

            23   all the pressures of first year, and your confidence is being

            24   beaten anyway aside -- put race aside for a moment -- you're

            25   sitting in that classroom, your first -- you know,








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             1   introduction to Socratic method, you're trying to figure out a

             2   case, cases from the 1800s.  You know, your confidence takes a

             3   beating.  And one of the things that you can do is at least

             4   try to keep your body healthy, and keep your spirit healthy.

             5   And as a black woman, your hair is really important to you.

             6   So I tried to convey to them how difficult it was to even

             7   think that other people walked around taking for granted at

             8   that school. They can walk to downtown Westwood and get their

             9   hair done at any shop down there.  I can't go into any of

            10   those shops and get my hair done.  Not because they wouldn't

            11   allow a black person in, because they don't know how to take

            12   care of my hair.  They don't have the products, and they don't

            13   have the training to take care of my hair.

            14             And I was walking around that school with basically

            15   a living helmet.  My hair was (indicating) and there were ends

            16   sticking out.  And, you know, every morning, I'm looking in

            17   the mirror, and that's my first thing, oh, my God, my hair is

            18   crazy.  There was no one there for me to ask.

            19             Lena is -- she is half African-American, and she's

            20   half Latina.  She has totally different hair than I have.  My

            21   group of friends although they're very supportive and we have

            22   study groups together, they're Latina, they're Asian, they

            23   don't go to a black hair salon.  I just couldn't even get my

            24   hair done.

            25             And that's what I talked about.  I talked about








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             1   walking the hallways and being invisible to my classmates,

             2   that they won't even say hello to me.  I talked about not even

             3   being able to find someone to tell me where can I get my hair

             4   done, and then actually beg a ride off of them, too.  So

             5   that's what I spoke about.  And I was really surprised by the

             6   response.  It really effected people.  And I thought there

             7   were so many other speakers there that were just great

             8   speakers, and I was so nervous.  I was shaking, and I remember

             9   when I was done, somebody tried to hand me a glass of water,

            10   and I couldn't hold the water to drink it.  And I had to just

            11   sit on the side for a few minutes and calm down enough to even

            12   be able to drink the glass of water.

            13             But after that, I had so many people send me

            14   e-mails, come up to me in the hallways, you know, thank me for

            15   speaking.  White students, black students, Asian students,

            16   everybody, faculty tell me how moving my speech was and how

            17   much they appreciated it, and how much they appreciated being

            18   made aware of it, you know.  And up until last semester -- you

            19   know, for a year, I still was getting e-mails and I remember I

            20   was at a function in the library just last semester and a

            21   librarian came up to me, and he said, you're the one that

            22   spoke last year, aren't you?  And I said, yeah.  And he goes,

            23   that was such a wonderful speech, I just want you to know.

            24             So I don't know how or why or what, but forever

            25   reason people were moved by it, and all I was talking about








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             1   was my experience there as a student.

             2   Q    Ms. James, are you more or less conscious of race and

             3  racism now than you were before?

             4   A    Oh, I'm definitely more conscious of it, definitely.  And

             5  I don't feel like I was unaware of it before.  But, you know, I

             6  never get away from it.  I never get away from it.

             7             During the first year, when I was having lots of

             8   problems, and my family couldn't understand because I never

             9   had problems academically before.  People would say, just

            10   don't deal with it, don't get involved with it, don't get

            11   involved.  Some people.  My mom wasn't one of them.  But some

            12   people would say, you know, just don't get involved.  And they

            13   didn't understand that you cannot not be involved. When you're

            14   sitting in the classroom and you're experiencing that hostile

            15   environment, how do you not be involved?  How do you not be

            16   involved by comments that are being made?  How do you not be

            17   involved with the fact that the professor is only asking you

            18   about facts.  How do you not be involved with the fact that

            19   he's going down a row and you're next, and you're getting, you

            20   know, a little tense, because you're saying, oh, gosh, I'm

            21   going to be on call, and then he jumps to the row behind you.

            22   How do you not be involved with that?  How do you not be

            23   involved when your classmates are taken over to the admissions

            24   office and the police, the Los Angeles police are coming to

            25   your campus to drag them off in handcuffs.  How do you walk








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             1   away from that when they're doing it while they're chanting

             2   songs about you, how do you walk away from that and say it

             3   doesn't involve me, I don't have to deal with it.  You never

             4   get away from it.

             5             So, yeah, I'm much more conscious because before I

             6   came here, I was able to go to school, I was able to go to

             7   work, and I was able to be Chrystal James.  Yes, I was always

             8   black woman, Chrystal James, but I was judged on my

             9   performance whether it be academic or whether it be my work

            10   performance I thought.  I always felt that I was being judged

            11   on that first, you know.  I don't ever feel like anybody

            12   didn't see me as being black, or didn't see me as being a

            13   woman, but they saw me for what I was doing.  And I come here,

            14   and I am always -- first of all, I was one of two before

            15   people knew what my name was, I was one of two.  And it wasn't

            16   until I decided to let you know what my name is that they even

            17   knew that. But I'm always still one of the few black students

            18   at UCLA, and I never get away from that.

            19   Q    Do you feel that there are others in the school who have

            20  tried to make you feel like a poster child for the end of

            21  affirmative action?

            22   A    Yeah, yeah.  I don't know if that was their intention.  I

            23  think that's the fact, you know, what are going to make posters

            24  about.  And, you know, these people were people who were on my

            25  side.  These are people who want to change that.  They don't








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             1  want it to be that there are only two African-Americans in any

             2  entering class at the law school.  So their intentions I think

             3  were good.  But, again, it's so prevalent on that campus that

             4  people don't really realize the impact of being one of two.

             5  And so they're making the posters, they're making the songs, I

             6  mean, this is what you do for a protest.  It became that, you

             7  know.  It just is that.  And I just was the poster child.  It

             8  was most -- we were just the most obvious, the impact on the

             9  numbers.  I mean, two, two.

            10             The Native American -- I don't know -- and then that

            11   person was on the posters, too.  But I don't why it didn't --

            12   again, I think it's just that, you know, in our history, it's

            13   always been most extreme between black and white.  So it tends

            14   to -- lots of things tend to focus on black.  So, yeah, I was

            15   the poster child.

            16             And it's for the administration, too.  You know,

            17   that they made posters or anything, but when the Dean would

            18   speak, you know, the statistics always come up, and he's

            19   defending the policy, he's defending the statistics.  So, you

            20   know, yeah, we were, we were definitely the poster children

            21   for that.

            22   Q    And were there others who were not on your side?

            23   A    There are others that are not -- they don't organize and

            24  they don't protest, but then they don't really have to because

            25  they control the classrooms.  So their strength and their power








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             1  come across every day when I'm sitting in that classroom.  They

             2  don't need to organize and to protest.  They're not the

             3  minority there.

             4   Q    When you entered UCLA Law, did you want to pursue an MBA?

             5   A    I did, yeah.

             6   Q    If you were to decide to pursue it, would you attend a UC

             7  law school -- a UC MBA Law?

             8   A    No.

             9   Q    Where would you go?

            10   A    Not in the UC system.  No, I would not.

            11   Q    Thank you for bailing me out.

            12             Is that because of the impact against affirmative

            13   action on your education?

            14   A    Yes, yes, and I will not risk putting myself in this

            15  situation again.

            16   Q    Ms. James, are you able to be an individual in this now

            17  purported color blind law school?

            18   A    Well, I am an individual, but -- am I perceived as an

            19  individual?  Maybe only by my friends, but, no, I don't think

            20  that, no, I don't get to just be an individual law student. I'm

            21  always walking with a badge of one of two African-American

            22  students in UCLA Law School.  I don't -- yeah, I don't feel

            23  like I get to just be an individual.  I have a lot of burdens

            24  that my classmates don't have.

            25   Q    Are you treated like you're qualified to be there?








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             1   A    No, no.

             2   Q    Do you enter the law school and feel like you have the

             3  privilege of being judged as an individual today?

             4   A    I can't say like one hundred percent.  Is it more than

             5  last year?  Yeah, because there were five African-Americans

             6  that came in the first year.  So the spotlight is off of me.

             7  But, no, I still -- I mean, it's a difficult question to answer

             8  because so much of what I have to do doesn't allow me to just

             9  be an individual.  You know, I have to continuously support my

            10  first years which means, you know, having them in the bathroom

            11  crying.  Trying to get them to go to class and, therefore,

            12  cutting their classes.  I have to interact with the

            13  administration over any type of racist event that happened. So,

            14  no, I don't think people perceive me that way.  I think people

            15  perceive me as this activist now.  So when I walk onto the law

            16  school, I -- I don't know what the first years think, but I

            17  definitely know what my own classmates in my class think of me,

            18  you know, and I don't think they think of me as just an

            19  individual.

            20   Q    What has the lost of affirmative action meant to your

            21  sense of freedom?

            22   A    Well, to some extent it's sort of taking it away because

            23  I felt when I entered law school like I had the world ahead of,

            24  you know.  I didn't except to go and do badly academically.  So

            25  I'm assuming I'm going to, I've got a great background behind








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             1  me, a great undergraduate, a great work experience. The world

             2  was opened for me.  And now having been there, aside from

             3  feeling like I was just confined to hell -- I don't even know

             4  if I have any possibilities.  Sure, I have some.  I have some,

             5  but they're very limited.  They're very limited.  It's very

             6  restrictive now on what I'm going to be able to do in terms of

             7  how I originally planned and what I would want to do.  I mean,

             8  certainly I can go somewhere and try to work there for ten

             9  years to do something.  But it's just -- it's very limited now.

            10  And part of that is, is that, you know, along with your

            11  confidence, losing your confidence, losing your power, you lose

            12  your creativity.  You have to be kind of positive to be

            13  creative.  There's problem solving when you're stressed, but to

            14  really be creative, you have to have like a positive good

            15  feeling about yourself.  And I don't have that any more.  And

            16  so maybe I should be coming up with some other alternative

            17  plans. But I'll tell you for ten years basically the plan was

            18  to go to school, you know -- at some point it shifted, okay,

            19  I'm going to go to law school, and I'm going to do this.  But

            20  at least for -- for five or six years before I went to law

            21  school, the plan was go to law school, do well, go to MBA

            22  school, do well, have this degree, go off and do public finance

            23  in developing countries.  I didn't doubt it before coming to

            24  UCLA.  So I didn't make a Plan B.  There was only Plan A, and I

            25  didn't make a Plan B.  And now, I don't have a Plan B.  And I








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             1  don't really have the confidence and the inspiration and all of

             2  that to come up with Plan B.  So now I'm trying to come up with

             3  Plan B.

             4             But in terms of my freedom, you know, it's limited

             5   in a lot of ways, a lot of ways.  I don't have the freedom to

             6   pursue different firms.  I don't have the freedom to, you

             7   know, oh, I'm going to do this journal, I'm going to do that.

             8   I don't -- you don't even know all the freedoms that I don't

             9   have because a lot of it was gone before I got there.

            10   Q    Do you feel safe on campus?

            11   A    Pretty much I feel safe.  The only time I didn't feel

            12  safe was when I to support that group first semester in making

            13  the poster, they do thing called chalking which I really didn't

            14  know about it.  But it's just when you go to the undergraduate

            15  portion and you write on the sidewalk, on the stairs, wherever

            16  you can, that there's going to be a rally.  And it was to let

            17  the undergraduates know that there's going to be a protest at

            18  this law school.

            19             And so where I lived, I lived one side of campus

            20   which was the opposite side of the law school.  So I offered

            21   to chalk on my way because I just walked to class.  I said,

            22   well, I'll chalk in the morning.  And I was told by these

            23   third-year students that, no, we don't want you out there

            24   chalking, this kind of stuff by yourself.  That was the only

            25   time that I felt that, you know, I was maybe not -- I was in








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             1   danger.

             2             And later on -- I think it was in spring semester

             3   last year, we had a  -- AIPLSO had to get to speaker time, a

             4   Black Panther who's half African-American, half Asian.  So the

             5   organization brought him to campus.  And I sat and listened to

             6   him for awhile because I had to go to class so I missed the

             7   last part of it.  But he was speaking about two

             8   African-American students who were part of the -- towards the

             9   end of the Black Panther party who were student members of it,

            10   who were killed on the UCLA campus.  I didn't know anything

            11   about that, and they were fighting for affirmative action.

            12   Probably not in the sense of what we -- you know, as we define

            13   it as today, but whatever it was.  And I guess they were

            14   killed by two brothers who -- I don't know all the details of

            15   their case, but I never heard of it before.  And I remember

            16   walking home that night, and it was dark, and I was walking

            17   the campus and I thought about, gosh, we haven't come very

            18   far. We haven't come very far that those two black students

            19   were killed on that campus, and here I am one of two walking

            20   home in the dark, being warned, don't chalk by yourself.  You

            21   know, it's what, thirty-four years, and we're almost right

            22   back in the same situation again.

            23   Q    Have you participated in an effort to try to increase the

            24  numbers of minority students?

            25   A    I didn't the first year.  I stay away from recruiting.








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             1  They ask you to do things like attend undergraduate events

             2  where you can talk to students of color. They ask you to call

             3  any admits and try to convince them to come to UCLA, And I

             4  couldn't do it.  I could not -- I could not take the risk of

             5  encouraging someone to come to that campus and experience what

             6  I was going through and have them drop out.  I almost dropped

             7  out twice.  I'm a much older person.  I've been through a lot

             8  more. And I just couldn't -- I could not take on as my, you

             9  know, my responsibility.  I don't know what that would have

            10  done to me, if I were to convince another black student to come

            11  to that school and have them drop out.  I would much rather see

            12  them go to another school and succeed and become a lawyer than

            13  have them come there and drop out of law school period. And I

            14  don't think that was a crazy thought, because I was going to

            15  drop out.  Lena would have dropped out if I dropped out.

            16             And so -- but at the same time, you know, I realized

            17   we need to get the numbers up to change the situation.  And so

            18   I didn't want to harm it either.  So I just stayed away from

            19   it.

            20             But this year when I decided to take the

            21   responsibility on to be a co-chair of BLSA, I realized that

            22   part of that responsibility is recruitment.  So I've struggled

            23   really hard this year to find a balance between -- I need to

            24   encourage students of color to come here, but I also need to

            25   make them aware of the situation because I don't want them to








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             1   come in unarmed.  And I don't want them to face the shock

             2   because a good part of what happened to me first year was just

             3   dealing with the shock of this, oh, my God, I am really in

             4   this situation.  I cannot believe it.  I'm in the Eric Brooks

             5   situation. It took a while for that to really sink in.  But,

             6   oh, my God, I'm really in this situation.

             7             So, once I got over the shock, then I started

             8   preparing myself to deal with it.  And I want to now make sure

             9   that people don't go through that.  So I do.  I encourage them

            10   to come.  You know, I want you to come.  But I want you to

            11   come aware and prepared because it is not easy.  It is an

            12   extra burden that you take on, and it can effect your GPA,

            13   which can effect your future.

            14   Q    Have you joined a faculty committee?

            15   A    I have.  I'm on the admissions committee.

            16   Q    And what have your experiences been like on this?

            17   A    Well, we have only met officially on -- once, last week.

            18  But prior to that, because I was a member of that committee, I

            19  was allowed to attend a couple of faculty meetings. And the

            20  faculty was meeting regarding the approval or the rejection of

            21  some changes that are being -- that were proposed by another

            22  committee made up of faculty members and student members, to

            23  the admissions policy.  And I was able to sit in and listen to

            24  the discussions go on, and I was actually there for the vote

            25  even though it was a secret ballot vote. So I don't know who








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             1  voted for what.

             2             But -- so I was privy to having faculty feel I guess

             3   more comfortable to express their true feelings about having

             4   not that many minorities, and also changing the policy to

             5   hopefully gain more minorities.

             6             And just to make a long story short, I found myself

             7   a year and a half later experiencing that same sort of emotion

             8   that I experienced in my constitutional law class.  And that

             9   was, after hearing comments from professors saying things

            10   like, what difference is it going to make to have two more

            11   African-Americans?  Or you know, do we really want to lower

            12   our standards just to get two more blacks?

            13             I found myself sitting there again, feeling like, I

            14   need to speak.  I need to tell them, do you want to know what

            15   the difference is having two more African-Americans?  Well,

            16   having one more African-American for Lena meant that she

            17   stayed in law school, and hopefully she'll become a lawyer,

            18   and she'll be able to give her kids a better life.  That's

            19   what one meant to her.

            20             So how anyone say what two is going to mean, you

            21   know?  Maybe that second person coming is going to be the

            22   person that really makes it better for me, makes it easier for

            23   me, makes it easier for someone else.  Who knows.

            24             But I felt like I needed to say something, but here

            25   I am again, sitting at this table, heart is pounding,








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             1   pounding, pounding.  Mind is throbbing.  Again, I don't hear

             2   what's going on.  I can't hear the continued exchange that

             3   happens after that.  And that another student, a white student

             4   who has been very active in the organization that's fighting

             5   for the repeal of SP 1 and SP 2, you know, they need to speak,

             6   they need to speak. And I want to speak, but I don't that it's

             7   going to do any good.  And my fear is that I sat here now for

             8   almost ten hours because we had to meet twice, and it's four

             9   to five hours each time, listening to these faculty, number

            10   one, come from the prospective that they cannot -- there would

            11   not being any minority students at UCLA even now or in the

            12   future that are qualified enough to meet UCLA standards.

            13             So I already know where they're coming from.  And I

            14   know what their thoughts are about students of color.  I don't

            15   want to stand up and come from an emotional stand and have

            16   them look at me and, go, that's exactly why we don't want to

            17   get more of you in here. So that was my fear that I would

            18   stand up and I would confirm the stereotype that they already

            19   expressed that they were holding.  And so I didn't.

            20             And so I leave that meeting, and I thought I was

            21   okay.  I go out into the hallway and thankfully the changes --

            22   the report was approved.  The faculty approved it.  Thank God,

            23   because I don't know how I would feel if they hadn't approved

            24   it. And I would have been carrying the burden, like, maybe if

            25   I would have just said something. Maybe I could have swayed








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             1   that one faculty member, who knows.

             2             But anyways I come out into the hallway, I'm

             3   relieved of the fact that it was approved.  And I'm talking to

             4   a professor out there, and I'm telling him about how bad I

             5   feel about the fact that I didn't speak.

             6             And I go into the bathroom and it just all comes

             7   back.  And I'm in the bathroom crying again.  And I don't -- I

             8   really don't -- I know I've broken down a couple of times

             9   here, but I don't really cry in public very much.  I try to

            10   keep a very composed attitude.

            11             And I come out and I go into one of my professor's

            12   offices and I explain to him because I felt like he had

            13   responded to that comment about what difference does it make

            14   to have two more African-American students.  And he said maybe

            15   we need to ask African-American students on campus what

            16   difference does it make.  And I felt that was an invitation

            17   for me to speak, but I still couldn't find the strength to do

            18   it.  So I went in to at least acknowledge to him, you know,

            19   I'm aware of what you were doing, but I'm sorry, I couldn't do

            20   it.  And, again, it's this feeling guilt and shame because you

            21   have people fighting, and you feel like you have to do it,

            22   too.  So every time you don't do it, you feel like you're

            23   letting everybody down.  And I just carried that with me.

            24             And I couldn't believe like a year and a half later

            25   I'm still feeling this.  I'm still feeling it.








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             1   Q    We were talking about the curve earlier.  Do you think

             2  there's a view that prevails in the law school about the role

             3  of minority students with respect to that curve?

             4   A    Yes, I think that the perception is that we're there to

             5  fill out the bottom of the curve. And I think that the

             6  admittance of minorities is tolerated to the extent that we can

             7  fill out the bottom of the curve.

             8   Q    Have ever in your life felt racist stigma like this

             9  before?

            10   A    No, never, never.  I mean, I certainly can recognize

            11  events that happened on TV, but personally experiencing it, no,

            12  never.

            13   Q    Are you angry?

            14   A    Yes, I'm very angry.  I'm -- it's really -- it's sad in a

            15  way because there are people who have only known me since I've

            16  been at UCLA.  And they know me as this angry, defeated,

            17  weak-feeling person.  And I feel so bad -- I was such a

            18  different person before I came, you know. And I tell them all

            19  the time, I wish you could have known me two years ago.

            20             But, yeah, I'm angry at so many different things.

            21   I'm angry at a faculty that can either be -- and I think it

            22   runs the spectrum from being ignorant to the environment, to

            23   being, you know, I just don't care about the environment.

            24             I'm angry at an administration that doesn't fully

            25   commit to some of the things they're saying, you now, they're








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             1   talking a good game, but they don't back up their actions.

             2              I'm angry at students. I'm angry at students that

             3   can sit in a classroom and ridicule people for the way that

             4   they look, or for what race they are, and knowing nothing

             5   about those students.

             6             I'm angry with my friends because some of the things

             7   that I suspected first year, my friends were talking me out of

             8   it. And it's that I don't think they had bad intentions, but

             9   they're young, and they don't know, and they were new to the

            10   situation just like I was.

            11             And I'm angry at myself.  I'm angry because I didn't

            12   trust my instincts.  And I'm angry because I wasted so much

            13   time last year, so much time blaming myself for everything

            14   that was going on.  So much energy. So much time and energy

            15   was just wasted.  And, you know, you get angry.

            16             So, yes, I'm angry.  All of the time, I'm angry.

            17   Q    Do you bring a message with you from California?

            18   A    I do. I had so many people that they came up to me and --

            19  most importantly Lena who said, Chrystal you go there and you

            20  tell them, you tell them what's like.  Even now I feel like I

            21  carry the burden.  I carry the burden of everybody back there

            22  who's fighting, who's struggling.  I'm here to speak for them.

            23  And I had faculty members, you know, just go and tell your

            24  story, tell your story, let people know. Because one of the

            25  things that we found out last year is that people aren't aware.








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             1  Our own alumni did know what the numbers were.  Did not know

             2  the experience that Lena and I were having.  And so I -- the

             3  message that I bring is that it's bad, it's bad, and it needs

             4  to be changed, and we need to do the right thing.  The effect

             5  is bad.  It's bad for everyone.  It's not just bad for people

             6  of color. It's bad for the other students there, too.  They are

             7  experiencing a bad situation as well. And so, yeah, I'm hear to

             8  speak for everybody in that, you know, don't let it happen

             9  here.  Don't let what happened in California happen here.

            10             MS. MASLEY:  I have no more questions.

            11             THE COURT:  If you can do your examination before we

            12   take our break, that would be great.

            13             MR. PAYTON  Actually, I'm just going to thank her

            14   for coming.  I think that what came through besides these

            15   terrible truths was enormous courage, and I think you for

            16   coming.

            17             THE WITNESS:  Thank you.

            18             THE COURT:  Plaintiff have any questions?

            19             MR. RICHTER:  We don't have any questions, your

            20   Honor.

            21             THE COURT:  Ms. James, thank you for coming.  We

            22   appreciate you coming.

            23            We'll stand in recess.  I have a couple of sentences.

            24            We'll stand in recess.

            25            (Court recessed, 11:00 a.m.)








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             1            (Court reconvened, 11:35 a.m.)

             2             THE COURT:  Okay, next witness.

             3             MS. MASSIE:  We call Professor Walter Allen.

             4             THE COURT:  Professor Allen, please step forward to

             5   be sworn in.

             6                      W A L T E R     A L L E N ,

             7        being first duly sworn by the Court to tell the truth, was 
examined

             8  and testified upon his oath as follows:

             9                        DIRECT EXAMINATION

            10  BY MS. MASSIE:

            11   Q    Hello.

            12   A    Good morning.

            13   Q    Where do you work?

            14   A    I'm employed at the University of California Los Angeles,

            15  in the Department of Sociology and full professor.

            16   Q    How long have you been at UCLA?

            17   A    I've been working at UCLA since 1989.

            18   Q    And where did you work before that?

            19   A    Prior to the University of California Los Angeles was I

            20  employed at the University of Michigan Ann Arbor.

            21   Q    For how long?

            22   A    Worked at Michigan Ann Arbor from 1979, through 1989.

            23   Q    And how about before that?

            24   A    The very first job of my career was at the University of

            25  North Carolina, Chapel Hill.  Employed there from 1974, through








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             1  1979.

             2   Q    Tell us what you job responsibilities for each of those

             3  three institutions.

             4   A    Okay, at the -- I'll begin with the most recent

             5  employment.  University of California Los Angeles, as I've said

             6  I'm a professor of Sociology, and have an affiliation with the

             7  Center for African-American Studies.  In that role, I teach and

             8  advise both graduate and undergraduate students.  I've have

             9  various sundry administrative responsibilities as well.

            10             At the University of Michigan, my appointment was in

            11   sociology at the Center for African and African-American

            12   Studies.  Beginning my job at Michigan as an assistant

            13   professor, and by the time I left I had been promoted to the

            14   rank of full professor.

            15             At Michigan, once more, the responsibilities were

            16   those of a professor, teaching the undergraduate and graduate

            17   students, advising, conducting my research, and fulfilling

            18   various administrative responsibilities.

            19             And similarly at the University of North Carolina

            20   Chapel Hill, that being as I said the first job out of

            21   graduate school, I worked as a professor teaching

            22   undergraduates, teaching graduate students, and advising both

            23   categories of students.  I should say involved with the

            24   advising of graduate students.  That involves with those

            25   students in close training and mentoring relationship,








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             1   directing their MA theses, directing the Ph.D. dissertations

             2   and, of course, doing related research.

             3   Q    What are your specialty fields?

             4   A    My speciality fields are sociology of education, race and

             5  inequality in America sociology of the family. And I did work

             6  on sociology and quality of life which focuses on health,

             7  economic relationships, and what have you.

             8   Q    In that connection, have you done anything in that

             9  connection at UCLA?

            10   A    In terms of the latter area?  Yes, I have quite a bit,

            11  actually.

            12             For a time I was associate director for the Robert

            13   Wood Johnson Clinical Scholars Program which is a national

            14   highly regarded program for post-graduate training for

            15   physicians where physicians come into the program and are

            16   trained in research and methodology, are trained in public

            17   policy with an eye toward equipping them to shape and

            18   influence national health policy.

            19             I've had research projects in the area, too, but I'm

            20   not sure you want me to elaborate upon those.

            21   Q    No, that's okay.

            22             If you could tell us about your -- where your

            23   research has focused over the years.

            24   A    My research focus has been under a broad umbrella, and

            25  that broad umbrella has been concerned with race, and other








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             1  forms -- race and inequality in America generally.  And then as

             2  a consequence of undertaking such work, the focus looks --

             3  brings to focus my attention on other sources of inequality in

             4  this country.  So I do some work on gender and the difference

             5  it makes for inequality in the society. Class differences.  And

             6  race and ethnicity broadly and beyond a focus on

             7  African-Americans which has been the core of my work, but I

             8  have been drawn to focus on the status of Latinas and Latinos,

             9  the status of Asian American -- and along those lines.

            10             So that has been generally the substantive content

            11   of my work. And the methodology has been broad and

            12   multi-focused intentionally so.  So my original training was

            13   that of a demographer and POP studies.  For persons who know

            14   the area, it was highly statistical and quantitive and heavy

            15   in that area.

            16             And subsequently the expertise was expanded to

            17   include the other research methodologies:  Survey research,

            18   qualitative research, engaging focus groups and life history,

            19   and all with an eye in trying to understand what our

            20   admittedly complex issues in this society and the admittedly

            21   contrast relationships between race, status and inequality of

            22   the society.  And that multi-method strategy simply being one

            23   who has allowed me to look at the questions from a variety of

            24   prospectives because one of the methodologies provides its own

            25   strength and limitations.  So there are only certain answers








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             1   you can get from each methodology.  And I wanted to have this

             2   comprehensive answer as possible so, thus, I wanted to have

             3   those questions addressed and answered from the prospective of

             4   aggregate statistics.  I wanted to have those questions

             5   addressed and answered from the prospective of survey data,

             6   that is, the questionnaires that most people associate with,

             7   social science based research.  And further, I wanted to have

             8   those questions addressed and answered from the lived

             9   experiences of individuals who are in those categories.  And

            10   you only get that kind of information from say a focus group

            11   which a group directed interview around set subjects, or from

            12   a very intensive analysis of live history looking at a

            13   person's trajectory over time, and understanding the range of

            14   factors at various levels that shaped that person's life and

            15   life outcomes.

            16   Q    So your work in sociology, as a group you work for

            17  various publications, I understand as a dissertation

            18  supervisor, and all of that, it encompasses different

            19  methodologies?

            20   A    Very much, so, that's true.

            21   Q    Tell us about some of the honors you've received,

            22  Professor Allen.

            23   A    They are, as you know, listed the CV, but I'll highlight

            24  a few of them.

            25             I'm a member of the Sociological Research








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             1   Association.  That's an elected membership to an honorary

             2   association, a national association of sociologists.  At any

             3   given time there are fifteen to twenty thousand practicing

             4   sociologists.  The membership for SRA, the Sociological

             5   Research Association, is restricted to one hundred and fifty

             6   sociologists, living sociologists I should say.  I might have

             7   a tougher time getting in.  You've got to live the whole

             8   history of ranges.  But there are a hundred and fifty of us

             9   who are members, I think privileged and honored to be members,

            10   to have been elected into that membership.

            11             I've received citations and awards for my research

            12   from the American Educational Research Association. From --

            13   I've been elected president of the Association of Black

            14   Sociologists.

            15             I stood for the presidency of the American

            16   Sociological Association which has a membership of fifteen

            17   thousand.  I did not win that election, but I'm fond of saying

            18   I took second.  Normally the way it works is that the

            19   nominating committee chooses from, once again, the full range

            20   of all sociologists in the country, two people to run for the

            21   office.  So that was an honor in and of itself.

            22             Actually, would have to look at the list if I were

            23   to continue to --

            24   Q    No, that's fine.  I just wanted to get some highlights.,

            25  and as you said all the rest are contained in your CV.








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             1             Do you currently have any research grants?

             2   A    I do.  I am presently co-director and listed as principal

             3  investigator for a study of student access to higher education

             4  in the state of California.  That's a one-million dollar grant

             5  from the Andrew Mellon Foundation.  And what we are trying to

             6  understand is pathways of success for under-represented

             7  students in higher education in the state of California.

             8             I also have a grant from the W. K. Kellogg

             9   Foundation here in Michigan as a follow up to an evaluation of

            10   their thirty-five million dollar African-American men and boys

            11   in Michigan.  I was part of that evaluation team and

            12   co-director, and co-PI for that particular grant.

            13             And essentially what we were charged to do --

            14   Q    What's a PI, I'm sorry.

            15   A    I'm sorry.  Principal investigator.

            16   Q    Please continue.

            17   A    And we were called upon to just evaluate the

            18  effectiveness of the various programs that were concerned with

            19  improving outcomes for African-American men and boys in this

            20  country.  And that group having been defined and identified as

            21  a group that considerable risk in all areas or various areas of

            22  American life in terms of education, in terms of the criminal

            23  justice system, in terms of full participating roles as

            24  citizens, performing their family roles and what have you.

            25             So that first piece of engagement had to do with








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             1   simply looking at programs around the country, some of which

             2   are quite well-known, Boys Choir of Harlem, Pinewood Country

             3   Day School, and so on.

             4             We completed that evaluation and then went to the

             5   foundation and were successful in selling them on the idea of

             6   a next step, that is, having learned these lessons about what

             7   works in terms of improving outcomes for African-American

             8   males, how could we now equate those procedures and put them

             9   in a form where the model could be -- first of all,

            10   demonstrated, and then exported to others who were interested

            11   in having systematic tools for changing outcomes for

            12   African-American men and boys.  So those are the two major

            13   projects that I currently have funded.

            14             I've just completed a funded project of three

            15   million plus from the National Institute on Aging that had as

            16   its focus the health status of African-American elderly.  And

            17   most of my research in engaging with a team of scholars, each

            18   of whom brought different strength, skills, and prospectives

            19   to bear.

            20   Q    You have a number of publications.  I won't take you

            21  through those at great length.  But your recent publications

            22  are listed in your CV.  You've published widely in peer review

            23  journals in all of the areas you've told us were your

            24  specialties; is that right?

            25   A    That's correct.








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             1   Q    Tell us about your prior testimony as an expert -- I'm

             2  sorry, in other matters.

             3   A    My testimony previously as a court-approved expert, has

             4  been largely in cases involving aspects of desegregation and

             5  diversity in higher education.  I came to be involved in those

             6  cases by virtue of the research that I had been, and because of

             7  my sort of substantive and methodological expertise.  Those

             8  cases include the Ayers case in Mississippi which eventually

             9  made its way to the Supreme Court.

            10             I have been involved with the Knight case in

            11   Alabama.  I have done work with the Department of Justice as a

            12   court expert in Tennessee.

            13             I was a court expert for the Podberesky case in

            14   Maryland. And am currently working with a group of attorneys

            15   in the Cotin Yada (sp) which had previously been the Rios case

            16   in California.

            17   Q    What's that case about?

            18   A    The last case, Rios and later Cotin Yada versus the UC

            19  Board of Regents is a case brought by those plaintiffs on

            20  behalf of a class of African-American, Chicano-Latino students

            21  arguing that they have been denied equal educational

            22  opportunity and access as a result of the implementation of

            23  Proposition 209.  And Proposition 209, of course, was the

            24  anti-affirmative action legislation that followed on the heels

            25  of decisions by the UC Board of Regents in SP1 and 2, SP2, that








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             1  essentially said -- that banned the university from continuing

             2  to participate in affirmative action activities related to the

             3  recruitment and admission of students of color, or students of

             4  under-represented racial groups.

             5   Q    As an expert you said you had been retained by the DO --

             6  Department of Justice, several times?

             7   A    Yes.

             8   Q     Have you worked for other parties as well?

             9   A    I have.  In Alabama, I was actually retained by Alabama

            10  A&M University.  And the Podberesky case, I was retained by the

            11  state of Maryland and the University of Maryland. Retained in

            12  one instance by a private plaintiff in the Garrett case in

            13  California where a scholar successfully sued Clairmont Colleges

            14  for racial discrimination in his tenure case.

            15             MS. MASSIE:  Judge, I would ask that Professor Allen

            16   be certified by the Court as an expert in race and education?

            17             THE COURT:  I would imagine no one has any objection

            18   to that. Plaintiff?

            19             MR. KOLBO:  We have no objection at all.  We may

            20   have some as questions come up, your Honor.

            21             THE COURT:  Oh, I understand.  As to his

            22   qualifications, we'll certainly accept him as an expert.

            23  BY MS. MASSIE:

            24   Q    Professor Allen, I'm going to start by asking you to tell

            25  us about findings in research that's been done broadly over the








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             1  last couple of decades on race and higher education.  It's a

             2  very, very broad topic.  I would like to start by asking you

             3  about research that's been by you and also by other people on

             4  the status of black students in higher education.

             5   A    As you point there is a sizeable body of research on the

             6  status of black students in higher education, their outcome in

             7  higher education, and related questions.  And I have been able

             8  to contribute the literature.

             9             Broadly the findings have been as follows:  First,

            10   that research and those research findings conducted in various

            11   settings, conducted over time, conducted using multiple

            12   methodology by a wide range of researchers has been consistent

            13   in its demonstration of a persistent under-representation of

            14   African-American students in US higher education, historical

            15   and chronic under-representation if you will. Further that

            16   research has in many of its aspects demonstrated that

            17   African-American students on historically white campuses,

            18   predominantly white campuses, report experiences of those

            19   campuses as being racially hostile, as being environments that

            20   communicated to them that they were interlopers, or aliens or

            21   not welcomed on the campuses.

            22             So this research has demonstrated that many of the

            23   -- has demonstrated that the connection between the chronic

            24   under-representation of black students on these campuses and

            25   in higher education nationally is very much tied up in a set








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             1   of structural-interpersonal barriers that confront these

             2   students in those instances where they are either trying to

             3   apply for application to the school, or they're trying to

             4   successfully complete their educational program after having

             5   been admitted to schools, or they're trying to further their

             6   education after having successfully graduated, and have

             7   desires to onto the graduate and professional school.

             8             So what comes through very clearly is a picture of

             9   the educational experiences for African-American students as

            10   being deprived, and as being disadvantaged in the early K

            11   through 12 years that predict who goes onto higher education

            12   in the subsequent years in terms of the experiences of those

            13   students after they move into the undergraduate years, and

            14   after they move into graduate and professional school.

            15             A corollary area of research has made comparisons

            16   between the experiences of black students at predominantly

            17   white schools and on historically black colleges and

            18   universities. And that research demonstrates very decided

            19   differences in terms of the experiences that black students

            20   report from the campuses and, indeed, in terms of their

            21   academic outcomes.  And that research explicitly ties those

            22   differences back to differences in the levels of hostility and

            23   support on predominantly white campuses which tend to be very

            24   minimal versus the situation on historically black campuses

            25   and universities.








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             1             So in a nutshell what we see is a troubled history

             2   of African-American students in higher education in terms of

             3   access, and in terms of success. And the literature

             4   demonstrates conclusively, persuasively, definitely, that

             5   those negative outcomes are larger than and are not explained

             6   by simple attribution to personal failure, or lack of personal

             7   motivation because consistently what we see is students who

             8   are defeated, who are discouraged not by virtue of a personal

             9   failing, or lack of motivation of lack of sufficient

            10   intelligence, but rather by structures and habits some of

            11   which are more covert and actually I've come to understand as

            12   being unconscious, but nevertheless devastating for those

            13   students in the sense of just saying to them you don't belong

            14   here, you're not competent, and then translating very often

            15   into behaviours aimed at fulfilling that prophecy on the parts

            16   of people in positions of power, professor, administrators and

            17   fellow students.

            18   Q    In aggregate quantitative terms what's the impact of the

            19  phenomenon you're describing on black college students?

            20   A    In very aggregate quantitative terms the impact is one

            21  that translates into a diminishment of black representation,

            22  some black under-representation in higher education, and lower

            23  levels of success in terms of the -- and often lower levels of

            24  success in terms of the accepted indicators of academic

            25  success.  And that would be grades, and the test score








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             1  performance and what have you.

             2   Q    How about graduation rates?

             3   A    Graduation rates as well, yes.

             4   Q    Have there been changes over the course of your career

             5  and over the course -- when people have been researching this

             6  area, have there been changes in race of access and success to

             7  your --

             8   A    Very definitely so.  I co-authored a book with a

             9  colleague Ralph Farley at the University of Michigan were we

            10  simply looked at the status of African-Americans in American

            11  society, and looking at the country as a whole using census

            12  data from 1980.  And the conclusion in that book which was

            13  titled, "Race and the Quality of Life in America," was a very

            14  simple one, that, indeed, there had been progress in terms of

            15  the status of African-Americans in this country. But that

            16  ultimately that progress was too little and too late and, in

            17  fact, served mostly to highlight how much further there still

            18  was to go in order to create a situation of equality between

            19  the races in this country.

            20             Now, that's the general backdrop.  When we look at

            21   the pattern of black participation in higher education in this

            22   country, what we see are ebbs and flows.  We see these high

            23   points and these low ones.  And those high points are very

            24   much tied to moments when the country determined that this was

            25   wrong, it was unfair, and then the resources and a social will








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             1   and commitment were brought to bear with an eye toward

             2   improving the circumstances of black Americans and other

             3   groups educationally, but any improvements for

             4   African-Americans had very clear repercussions and advantages

             5   for other groups.

             6             So at that critical moment, by the way, that brought

             7   me into higher education when Johnson declared his "great

             8   society," when the society made available resources for

             9   funding the continued education of people like myself from the

            10   projects in Kansas City, Missouri.  But there was money

            11   available.  There was a national will very much in place that

            12   said we are going to create these opportunities.  We are going

            13   to go out and find individuals who have the promise and the

            14   will, and the ability to take advantage of them, and will we

            15   support those individuals.

            16             So that was the high point.  And at that high point

            17   you look at the numbers from the University of California, you

            18   look at the numbers from the University of Michigan, they were

            19   just incredible.  I mean they were just an incredible powerful

            20   reputation of that previous era that said, well, we can't find

            21   people, they're not available, they're not qualified.  And at

            22   that moment when the institutional will shifted and resources

            23   were available, all of sudden there was just an explosion, a

            24   literal explosion of opportunity.

            25             And what we saw as a consequence was an increase, a








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             1   dramatic increase in the numbers of African-Americans,

             2   Chicano-Latinos, women who were admitted to higher education

             3   and who were successful.

             4             We then hit a point of diminishment or low points

             5   where -- and I consider this moment being a similar one where

             6   those very mechanisms that had long since proven themselves

             7   effective and successful are now being dismantled or being

             8   challenged because the suggestion that somehow were no longer

             9   needed which is definitely not true, or that they didn't work,

            10   which is definitely not true.  I'm living evidence that those

            11   programs of equal opportunity and affirmative action work.

            12   And needless to say they don't work by creating a situation

            13   where unqualified individuals earn degrees.  They simply work

            14   by challenging the system to go beyond its standard procedure

            15   of selecting only among those who are already privileged, but

            16   rather opening -- insisting that the gates be opened wider,

            17   that opportunities be given to individuals who have not had

            18   those opportunities before.  But ultimately those individuals

            19   have to do the work in the classroom. They have to perform in

            20   their occupation.

            21             So that's a -- I'm sorry a long-winded answer, but

            22   the long and short of it is that what we've seen is these

            23   peaks and valleys.  And there are many scholars who relate the

            24   peaks and valleys to economic change in the society because

            25   the society was challenged in terms of stereotypic notions of








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             1   African-Americans, and the threat of African-Americans being

             2   on equal footing and on an equal basis.

             3             And historically, you look at the work of any number

             4   of historians, James Anderson, an educational historian shows

             5   us in the area of education.  George Fredickson, a historian

             6   more, generally, wrote a journal and they showed it in terms

             7   of a society as a whole.  But the point is that the society

             8   has a tendency and whites in particular that when things are

             9   going back, economical, when they're feeling insecure,

            10   inevitably it spells bad news for people of color because the

            11   fact of the matter is that the tradition of the society has

            12   been one historically where the notion of equal competition

            13   and being of equal status with blacks was problematic.  And so

            14   whenever there is a situation of scarcity or self-sense of

            15   scarcity, then we have a situation where the clock was turned

            16   back.

            17   Q    Let me take you back for a second to your comment about

            18  comparisons between black students on largely white campuses

            19  and black students on historically black campuses. Tell us what

            20  the benefits and downsize of being on an integrated or

            21  partially integrated campus are for black students, if you

            22  would.

            23   A    I began to focus on such a comparison because I was

            24  confronted by a puzzle.  And the puzzle quite simply was one

            25  that took the form of two groups of students who both appeared








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             1  to be very promising and sure far bets for graduation and

             2  success occupationally.  So one group of students was a group

             3  of African-American students who decided to HBCU, and another

             4  set of students was a group of students who decided to go to

             5  predominantly white universities and colleges.  And the puzzle

             6  developed for the simple fact that these students who often had

             7  similar profiles, almost down to the last detail, in fact, had

             8  dramatically different outcomes in those two settings, in a

             9  predominately white setting versus a predominately black

            10  setting.  The bottom line is that those students who went to

            11  predominantly black institutions did better academically.  They

            12  felt better about themselves.  They had better outcomes

            13  compared to their peer students at the predominantly white

            14  schools.  And it was even more striking once I began to delve

            15  into the questions and very often the students who attended the

            16  predominantly white campuses, those black students who attended

            17  predominantly white schools were better off economical. They

            18  have in many respects more solid academic credentials and yet

            19  they had worse academic outcomes.

            20             So it led quite naturally to a question of well

            21   what's going on in these two environments to explain or

            22   account these different, these radically outcomes for

            23   population of students who are very similar by all the

            24   standard measures of qualification.

            25             And the answer to that came forward in the series of








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             1   studies that we have done on those campuses, studies using, as

             2   I said, aggregate statistics, that is, institutional records,

             3   census data, studying using survey data, and studies where I

             4   simply would conduct focus groups and very intensive

             5   interviews with these students.

             6             What came through quite clearly was the fact that in

             7   one instance in those -- at those HBCUs, at those historically

             8   black colleges and universities the students an environment

             9   that was more supportive, that was friendlier, that felt that

            10   they could success and basically facilitated them the

            11   attainment of excellence.  And by the way, that brought them

            12   eventually to a point where they could then go on, and when

            13   they left those schools, it wasn't that they had the kind of

            14   education that couldn't be applied elsewhere, they left those

            15   schools and went to successful careers at the leading graduate

            16   and professional programs around the country and into the

            17   various occupations themselves and excelled.

            18             So this is compared this compared with a situation

            19   in white schools, where I talked to those students.  They

            20   talked about feelings of isolation.  They talked about

            21   feelings of being treated as aliens.  They talked about

            22   situations where the presumption was that they weren't

            23   qualified, and the actions of many people ostensibly enrolled

            24   to support and facilitate them were quite the contrary.  They

            25   were really actions that undercut those students in terms of








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             1   their confidence.  Undercut them in terms of their success.

             2   Undercut them in terms of their opportunities.

             3             So those were the lessons that emerged.  Now the

             4   long and short of it is when you compare HBCUs to

             5   predominately institutions in this country, it's just amazing

             6   HBCUs overproduce in terms of their proportion of the three

             7   thousand plus schools of higher education in this country.

             8   They were producing -- HCBUs' produced twenty-five, thirty

             9   percent of all graduating BAs who are black in any given year.

            10             And so those lessons continued to motivate the

            11   research that I'm in the midst of literally trying to figure

            12   the good things about HBCUs, and translate those lessons to

            13   predominately white schools.  And similarly those things that

            14   are positive of white schools in terms of the preparation of

            15   African-American students to translate those back to HBCUs.

            16   Q    That's exactly what I was going to ask you next.  What is

            17  any of the advantages for black students going to partially

            18  integrated predominately white schools?  Is it all downside, or

            19  is there any upside?

            20   A    There are many upsides.  For one thing, in higher

            21  education as in many areas of life you have these prestige

            22  hierarchies.  So to complete one's education at a Stanford or

            23  Harvard, or the University of Michigan is to automatically be

            24  in rarified air and to have several opportunities opened for

            25  you that are reserved for the most exclusive -- a small set of








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             1  exclusive individuals in the society.  Similarly, those schools

             2  are better resource.  They're better resource in terms of just

             3  the hard the physical resources, the availability of computers,

             4  the sort of facilities in terms of the science labs.  And they

             5  further are advantaged in terms of the qualifications,

             6  preparations, and backgrounds of their faculty.  So they have

             7  all of these kinds of advantages that are just a function of

             8  being a prestigious leading institution in the country.

             9             Now, the downside for African-American students is

            10   that often they are not able to take full advantage of these

            11   opportunities.  And when I say for African-American students,

            12   for students of color, I mean more generally especially for

            13   Chicano-Latino students.  Those advantages -- so you're in

            14   this rich environment, but by virtue of how you are perceived

            15   and how you experience, many of those advantages are beyond

            16   your reach, and you cannot benefit fully from them.

            17             Contrast that with the historically a black college

            18   and university.  Those students feel a part of that -- of

            19   those institutions. They are validated, they are appreciated.

            20   They don't begin with the assumption and having to disprove

            21   the assumption that they are not qualified, that they have bad

            22   value, they have bad work ethnic, that they had bad

            23   educational preparation.

            24             In fact, it translates into a simple example.  In

            25   one setting, the HCBUs, a student may reveal a shortcoming or








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             1   a deficit, but it's perceived as correctable.  It's perceived

             2   as aspects of that individual's educational preparation that

             3   was not addressed, but it can be, and should be, and will be

             4   addressed.

             5             By contrast when you look at the data and you talk t

             6   the students in the setting of a predominantly white

             7   institution to reveal such a deficit is to be viewed very

             8   often as fatally flawed, uneducable, totally beyond repair.

             9   So it becomes a very difficult situation because needless to

            10   say there is not a person who comes into any institution who

            11   does not have some areas of weakness in his or her background,

            12   preparation or skills and expertise.  So it's a matter of how

            13   it's responded to in the two settings.

            14   Q    Why is it different for a black student than it is for a

            15  white student on a mostly white campus to come up against the

            16  limitation or weakness --

            17   A    Because of the fact that we have a sad history around

            18  race in this society and that sad history is very much present

            19  with us in terms of associates about the inherent inbred

            20  biological inferiority of African-Americans of -- people of

            21  color more generally.  And so that expression takes many forms.

            22  I mean, it, has by the way evolved over time, too.  I mean you

            23  find very few people who will talk about innate biological

            24  inferiority.

            25             Now, it's not say that there are scholars who still








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             1   go back to that old song.  As recently as a few years ago, the

             2   Bell curve resurrected and those of us who study the history

             3   of intellectual racism see again those ebbs and flows where

             4   those biological explanations will rare ugly heads and serve

             5   as a justification for preserving this racial hierarchy of

             6   white over black, and white over people of color.

             7             So you see in that kind of a pattern a tendency to

             8   assume the worse about a black student who demonstrates any

             9   kind of lack of preparation.  And paradoxically as you look

            10   into the research we've done, you find that paradoxically it's

            11   a Catch-22.  So those black students who can survive and

            12   prevail over the extreme odds that presume them to be

            13   incompetent even that becomes a negative because then it's

            14   communicated to you that, well, you're not a regular black

            15   person because my stereotypic construction says that a regular

            16   black person could not do this well, so you must be something

            17   other than a regular black person.  You're not like, quote,

            18   unquote, you're not like the rest of them.

            19             And so you have a situation where these students are

            20   simply put not being treated fairly. They are not being given

            21   a fair shot and it translates into the kinds of negative

            22   outcomes that differentiate historically black college

            23   environments from predominantly white college environments for

            24   students.

            25   Q    If I understood you earlier seventy-five to eighty








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             1  percent of black college graduates, graduate from largely white

             2  institutions.

             3   A    Twenty-five percent to thirty percent of the total in any

             4  year of black students come from black schools, so, yes.

             5  There's a bulk of black graduates in any given year come from

             6  the remaining three thousand institutions in this country, most

             7  of them -- all of which are majority white.

             8   Q    As you know, one of the questions that is being tried

             9  here has to do with GPA and whether it's a neutral measure of

            10  achievement and merit.  Tell us your opinion about the

            11  implications of what you've said so far today for that

            12  question.

            13   A    I think definitely GPA is not a neutral measure of merit.

            14  I'm a professor.  I know that grading is an art form.  And it's

            15  particularly an art form when you -- it's more of an art than a

            16  science particularly when you move outside the hardest areas of

            17  the curriculum.  The "hardest" being not most difficult, but in

            18  terms of being most quantitative.

            19             So the science art equation is let's say more

            20   science over in the hard science, the physics, the chemistry.

            21   But even then there's an element of art because we have to use

            22   our judgment, and we have to make decisions around the

            23   arbitrary cut point.And I think it is often in those instances

            24   where all other things being considered equal, the world view

            25   that a professor brings to the table will influence how he or








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             1   she evaluates a student's performance, and knowing that

             2   student's race, or knowing that student's ethnicity, or

             3   gender, or even social class.

             4   Q    Does the environment at the white campuses -- excuse me,

             5  mostly white campuses you've studied, have any implications for

             6  aggregate GPAs?

             7   A    Absolutely.  I mean so, as I've said, under the

             8  hypothetical situation where everything is equal, even there

             9  grades are not necessarily going to be assigned fairly or

            10  equitably to students of different race.

            11             When you look at the broader set of environmental

            12   circumstances it becomes even mor complicated.  It becomes

            13   even more powerfully evident that race matters in terms of the

            14   grades that students will earn.

            15             As I listened to the testimony of Connie Escobar,

            16   the testimony of Chrystal James, those sort of lived case

            17   examples linked up with evidence from our focus groups, linked

            18   up with evidence with the survey research I've undertaken, to

            19   demonstrate conclusively that features in the college

            20   environment in terms of just established practices and

            21   structural relationships and interpersonal relationships have

            22   a diminishing effect, if you will, on the educational outcomes

            23   for black students, on the GPAs of black students.

            24             And I know it's starting to get fuzzy so let me give

            25   you a couple of examples, if I could.








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             1             Out of a focus group comes the example of an

             2   African-American student who takes a quiz in calculus I think

             3   it was, and earned a grade of ninety-five.  That student is

             4   called into the professor's office. And, of course, he's

             5   excited because he thinks that professor is going to

             6   congratulate him on his stellar performance.  Instead, he's

             7   confronted with the charge or the question of whether he

             8   cheated on the examination. And the only evidence of his

             9   having cheated on the exam which is in mathematics was that he

            10   did much better than African-American students can be expected

            11   to do given established stereotypes.

            12             Now fortunately in this case, this student had the

            13   kind of psychological fortitude that allowed him to move into

            14   the retest situation and he was required to take this exam

            15   again, and under the direct supervision and surveillance of

            16   the TA, and bless his heart, this student scored a

            17   ninety-eight the next time around.

            18             My voice quivers because very few human beings can

            19   respond that way.  And more often than not, the response is

            20   one not of such a positive outcome, but rather it is one that

            21   demoralizes that student, that leaves that student in a

            22   situation of saying, what's the use, I have played by the

            23   rules, I performed at an excellent standard, and still I

            24   cannot outrun this mythology, this stereotype that presents me

            25   as educationally and intellectually incompetent.








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             1             So we have examples like that.  We have further

             2   examples in our law school setting where one's performance is

             3   not solely based on how you perform in the written exam, but

             4   those written exams and final grades are adjusted based on

             5   explicit incorporation of the professor's impression and

             6   evaluation.  And just the despair that comes forward from a

             7   young woman that says well how am I going to get a full

             8   hearing, when I've been in this class for a semester, along

             9   with two or three other black women, I have taken this

            10   professor to lunch as is the custom in law school to get to

            11   know him, paid good money for this man's food, and this man

            12   still doesn't know me, can't differentiate or distinguish from

            13   the other three black women in the classroom.  So periodically

            14   we each wear one another's names.  And, yet, this individual

            15   has to sit down with my papers, with only my name, and make a

            16   judgment about whether and how my performance should be -- how

            17   my final grades -- my grades should adjusted to reflect my

            18   performance, and he could not pick me out of a lineup.

            19             So you get instance, after instance, after instance

            20   of that kind of experience.  And the cumulative effect quite

            21   frankly is one diminishing academic performance.  And it

            22   diminishes academic performance.

            23             What I try to do is to demonstrate that it

            24   diminishes academic performance at several levels.  It creates

            25   psychological crises, and we know that individuals -- I mean,








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             1   human development teaches us.  That's another area that I did

             2   a lot of work on, psychology of the family, and socialization.

             3   And kids thrive in safe, supportive environments.  Those are

             4   the environments where their development is maximized.

             5             And similarly with adults.  We still are social

             6   beings so we need positive feedback.  We need support, and we

             7   must circle in these to have the sense that we will be treated

             8   fairly.  And when people are in this situation where they

             9   can't feel this to be so, psychologically they're damaged.

            10   They're psychologically in terms of interpersonal

            11   relationships.  And, again, the evidence there.  You read

            12   through and people simply withdraw because it is stressful and

            13   tiring to confront, day-after-day, the stereotypes, the small

            14   slurs, the small negative remarks which by the way is an area

            15   of study that informed our research, refers to as racial

            16   microaggressive. Those are aggressive actions aimed at

            17   reestablishing or reaffirming the racial hierarchy.

            18             And so when people make these sly, small comments, I

            19   guess they could be dismissed by someone as, oh, one comment.

            20   But you have to be -- remember that you're already in an

            21   extreme minority.  So if twenty folks make those small

            22   comments that day, you've had twenty assaults, multiplied by

            23   whatever number of days per week, and by whatever number of

            24   weeks per semester.

            25             So the long and short of it is that many students








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             1   simply withdraw, they cease to interact.  They try to figure

             2   out ways as human beings do to protect themselves, to preserve

             3   themselves. And one of the things you often will do with

             4   unpleasant situations is you avoid them, you avoid them.  And

             5   certainly avoidance in terms of school can be a hurt, a fatal,

             6   potentially fatal adjustment as far as your grade is concerned

             7   if and is often the case your grade is probably predicated

             8   upon your level of participation in the class.

             9             So you're in a class one among a sea of white faces.

            10   And after some point you are tied up with just preserving

            11   yourself psychological, and trying to avoid struggles and

            12   strains, but it has a consequence for your educational

            13   performance.  And it really has a consequence for your

            14   learning because the learning is very much tied up in

            15   interaction, and exchanges, and developing arguments. But one

            16   has to have to safe space in those kinds of encounters to be

            17   positive rather than the negative.

            18   Q    And are you speaking now both of the work that you've

            19  done over the course of your career and the work on this case,

            20  or one of the other, or --

            21   A    I'm sorry.  I'm talking about the -- more specifically

            22  when we look at the survey research that I've conducted over my

            23  career, and I have two major data sets that are worth noting.

            24  A study of black students on sixteen campuses nationally. And

            25  the studied population consisted of five thousand plus students








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             1  in all levels of school, professional years, graduate school,

             2  and undergraduate school.  And, indeed, those students, a

             3  portion of them I follow over time.  But in those campuses, are

             4  predominantly white campuses and in those campuses were

             5  historically black campuses.

             6             There was a second study of some three thousand

             7   undergraduates of all races and obviously it had gender

             8   variation in each of the data sets in the upper midwest

             9   looking at students' experiences on different types of

            10   campuses, that is, a private research campus, a public

            11   research university, a small liberal arts college, and so on.

            12             And out of those surveys and the aggregate findings

            13   of my work, of the work of Astin, of the work of any number of

            14   scholars who study these questions have come very clear

            15   indications of, for example, that black students feel higher

            16   levels of isolation than do white students.  Black students

            17   more often consider dropping out of school than do white

            18   students.

            19             And by the way I say "as" as a correlator, but very

            20   often they don't differ from those white students in terms of

            21   their academic backgrounds, or their level of academic

            22   performance.  But where they are differing is just in terms of

            23   their sociopsychological responses to those campuses and the

            24   dispair and disengagement and alienation that the campuses

            25   create for them. And so those items out of the surveys also








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             1   show that the students are less socially connected. They feel

             2   more alienated.  They talk about their relationships with

             3   faculty members and literally in those aggregate statistics we

             4   see that the black students have poor, more problematic

             5   relationships with their predominantly white faculty.  I mean,

             6   we have a battery of questions that have developed and evolved

             7   over the years, borrowed from people, constructed by us.

             8             But that shows, for example, that white faculty has

             9   problems relating to black students.  And, in fact, at times

            10   avoid interacting with those black students.  Or further that

            11   they will often give those black students -- as one student

            12   described it in the focus group, "get out of my face" type

            13   answers.  Very short answers that essentially did not serve

            14   those students and that communicated to those students that

            15   they were lesser beings than the white student who either was

            16   in front of them and spoke with same professor or behind them

            17   and spoke with the same professor, and received a dramatically

            18   different reception and response.

            19             I can't help but make a connection to Ms. James'

            20   testimony and it links up with a finding out of a focus group

            21   where -- the focus group research conducted at the University

            22   of Michigan where two black females students had gone in for

            23   assistance and the professor palmed them off on a fellow

            24   student, and turned his back to his computer. I don't know

            25   what it is about us professors and our computers, but that in








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             1   and of itself may be worth a study, but literally what it

             2   translated into was just not some dealing with the needs of

             3   those young women and dismissing them and sending a very

             4   powerful message that they were not worth his time or his

             5   fulfilling his assigned duties of teaching all students in

             6   that institution.

             7             So the findings that I'm quoting from are drawn from

             8   both -- from all the bodies of research that I've been engaged

             9   in, the large scale surveys, my reading of the literature, but

            10   also my research is more qualitative and more focused.

            11   Q    Some of which was carried out for this case; correct?

            12   A    Absolutely.

            13   Q    Tell us about the work you did for this case.

            14   A    Okay.  I have a philosophy when I serve as a court

            15  expert, first and foremost of conducting first-hand empirical

            16  research, specific to the questions in the case.  That's not --

            17  basically it's intended to provide -- from my prospective, to

            18  build up on the work that I've already been doing as a scholar

            19  of sociology of education, but to bring to bear some specific

            20  details of the case at hand.

            21             Now the particular research project that I executed

            22   was based up on an involved a case study method that I've

            23   developed over the twenty-five years plus that I've been doing

            24   this kind of research.  And it's a comprehensive approach,

            25   self-consciously comprehensive in a sense that I draw data.  I








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             1   make a point of -- first, of all assembling a team of experts

             2   across the areas of substantive and methodological need.  And

             3   there has to be a historical component to the study because

             4   the fact of the matter is that the present is very much rooted

             5   in, effected by, shaped by history and particularly when you

             6   talk about race because history is very much present.  So that

             7   was a component, to identify a historian of education, and to

             8   literally look at the history of the University of Michigan

             9   and the University of Michigan in the terms of the college and

            10   the law school, around questions of race, and the status of

            11   African-Americans, just that long historical review that

            12   provided the context for the nix aspects of the study.

            13             And the more immediate empirical aspects of the

            14   study were in the following components:  Analysis of African

            15   statistics from the University.  The University has, for

            16   example, an incredibly detailed retention file which maintains

            17   records and information on all students who enter the

            18   University to the point of separation, whether they graduate

            19   or they transfer, or for whatever reason that they separate.

            20             So aggregate analysis of that data set was a

            21   component, supplemented by survey data.  Now survey data are

            22   more of a middle range strategy.  That is the kind of

            23   questionnaires where you can ask individuals, a large group of

            24   individuals questions that have been scientifically developed

            25   to get at the issues of interest. And those people respond to








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             1   those questions, and you ask -- basically you build in several

             2   strategies so you can be sure you are getting accurate

             3   responses.  You ask, for example, the same questions several

             4   ways.  And you ask other questions that are related and will

             5   confirm that evidence.

             6             So survey data both from my earlier national studies

             7   because by the way the University of Michigan has been a

             8   participating campus in the national study of black college

             9   students, a study of five thousand plus black students that

            10   has been ongoing since 1981. And then I supplemented those

            11   survey data with additional survey data collected in this

            12   year.

            13             Now, from April to May - I should say in last year

            14   -- April to May of 2000, we collected survey data, conducted

            15   focus groups, and conducted intensive life histories, and took

            16   some interviews and life histories with selected students at

            17   the University of Michigan Law School.  But understanding that

            18   the University of Michigan Law School in many ways is linked

            19   to the feeder undergraduate institutions that is those major

            20   schools that provide the members of the entering class a

            21   further need to look at student experiences prior to, as well

            22   as during, or after their entry at the University of Michigan

            23   Law School.

            24             So I'm making it very complex, but essentially the

            25   elements were a multi-level data collection, a historical








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             1   component, a demographic component, survey research, focus

             2   groups, and life histories.  And then in terms of the locus or

             3   the places of the study, looking primarily at the University

             4   of Michigan Law School, but knowing that such a focus would

             5   not be adequate in and of itself, so also looking at selected

             6   undergraduate institutions that over the years have been among

             7   the top ten schools providing undergrad BAs who moved into the

             8   University of Michigan Law School.  So those four

             9   undergraduate institutions were the University of Michigan

            10   College, LS&A; Michigan State; Harvard University, and the

            11   University of California Berkeley.  So that in a nutshell is

            12   the design that we used for this research.

            13   Q    How did you identify those four campuses?

            14   A    We basically identified the four campuses based on a list

            15  provided the University of -- produced by the University of

            16  Michigan Law School, that for successive years showed the

            17  breakdowns of the entering class in terms of the undergraduate

            18  institutions of origin.  And those schools were, in each year,

            19  in the top four -- I'm sorry, the top ten undergraduate

            20  colleges or origin for the incoming class to the University of

            21  Michigan Law School.

            22   Q    So your work on the case was a particular example of

            23  stuff you've done before.

            24   A    Yes, very much so.

            25   Q    Questions of access, academic performance, et cetera, but








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             1  focusing on the law school on one hand, particularly in the

             2  feeder schools; is that a fair summary?

             3   A    That's correct.

             4   Q    Tell us about your team.

             5   A    The team consisted of really an outstanding group of

             6  scholars.  Professor James Anderson, historian of education at

             7  the University of Illinois.  Champaine Urbana was the historian

             8  of education and did the historical study.

             9             The research team that gathered survey and focus

            10   group data was once more just a distinguished group of

            11   colleagues, Professor Daniel Solorzano, graduate school of

            12   education and information studies at UCLA has just done

            13   extensive work on questions of race, ethnicity, inequity in K

            14   through 12 education and higher education. Professor Grace

            15   Carroll similarly has done extensive work on those topics and

            16   worked for a time in college admissions and college academics

            17   support. Those were the three main Ph.D. level members of the

            18   team.  And they were supplemented by graduate students about

            19   five to seven graduate students each of whom was a master's,

            20   held a BMA and was currently in the midst of a doctorate, a

            21   program of doctoral study at the University California Los

            22   Angeles.

            23             There were a few other supplemental -- or

            24   contributing, I should say researchers that -- a couple of

            25   whom actually held Ph.D.s.








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             1             So the long and short of it is that we had a very

             2   talented team of committed scholars who were willing to work

             3   cheap, but still produced quality and excellent work.

             4             MS. MASSIE:  Judge Friedman, this is actually a good

             5   time to take a lunch break.

             6             THE COURT:  No problem.  Two fifteen, we'll

             7   reconvene.

             8             MS. MASSIE:  Judge, I'm sorry, can I raise one other

             9   thing.  I forgot to move into evidence Jay Rosner's original

            10   and supplemental expert reports and also the exhibits we used

            11   yesterday.  Mr. Rosner is still here so I don't know if there

            12   will be any questions --

            13             THE COURT:  Any objections?

            14             MR. KOLBO: Well, your Honor, we will object to the

            15   extent that the report we believe contains opinions that we

            16   were objecting to on foundational grounds, particularly with

            17   respect to test design, psychometric, psychology of testing.

            18   I feel I need to preserve that objection.

            19             THE COURT:  Over that objection with the

            20   understanding that I'm going to determine the weight, we'll

            21   receive those exhibits.

            22             MS. MASSIE:  Thanks, Judge.

            23             THE COURT:  Anything else?

            24             MS. MASSIE:  No.

            25             THE COURT:  Okay.  See you all after lunch.








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Transcripts – Table of Contents


Legal Documents – Table of Contents