(Un)covering identity in civil rights and poverty law

Harvard Law Review

Volumn 121, Issue 3, 2008, Pages 805-844

  Alfieri, Anthony V ^a,b  

^a Department of Law ^*

^b UNIVERSITY OF MIAMI   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 39149132081     PISSN: 0017811X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (174)

1. On scarcity in public interest and poverty law practice, see generally Gary Bellow & Jeanne Kettleson, From Ethics to Politics: Confronting Scarcity and Fairness in Public Interest Practice, 58 B.U. L. REV. 337 (1978);
2. Troy E. Elder, Poor Clients, Informed Consent, and the Ethics of Rejection, 20 GEO. J. LEGAL ETHICS 989 (2007);
3. and Paul R. Tremblay, Acting "A Very Moral Type of God": Triage Among Poor Clients, 67 FORDHAM L. REV. 2475 (1999).
4. See generally KENJI YOSHINO, COVERING: THE HIDDEN ASSAULT ON OUR CIVIL RIGHTS (2006).
5. By self-elaboration, I mean the public expression of personhood. Personhood implies authenticity, moral agency, and rational volition. By integration, I mean full participation in civic culture and society. Participation entails open engagement in the political process and the economic marketplace free from bias and discrimination.
6. With respect to a lawyer's role in fostering these values, neither legal education nor the lawyering process offers an exacting, client-tailored test to gauge the fullness of personhood, the scope of personal freedom, or the degree of individual authenticity. At best, each supplies a range of interpretive methods and techniques to help verify a lawyer's intuition and instinct. This checking function is crucial to the legitimacy and utility of lawyers representing clients in cross-cultural contexts.
7. For twenty years, I have studied, designed, and supervised law school clinics. During these two decades, I have served in both clinical and nonclinical academic appointments. The clinical/nonclinical distinction, despite its false dichotomies and pernicious consequences, persists throughout the legal academy. Paradoxically, progressive law school faculties, including critical legal studies, critical race, and feminist scholars, too often hew to this distinction, thus reproducing indefensible status hierarchies inimical to professed ideals of equality in their own institutions and in the profession.
8. See THE MACCRATE REPORT Goan S. Howland & William H. Lindberg eds., 1994);
9. TASK FORCE ON LAW SCH. & THE PROFESSION, AM. BAR ASS'N, LEGAL AND PROFESSIONAL DEVELOPMENT (1992).
10. See generally WILLIAM M. SULLIVAN ET AL., EDUCATING LAWYERS (2007) (documenting intensive field work at a cross-section of sixteen law schools during the 1999-2000 academic year).
11. For useful practice-based curricular surveys and recommendations, see ASS'N OF AM. LAW SCH. EQUAL JUSTICE PROJECT, PURSUING EQUAL JUSTICE: LAW SCHOOLS AND THE PROVISION OF LEGAL SERVICES (2002);
12. and ROY STUCKEY ET AL., BEST PRACTICES FOR LEGAL EDUCATION (2007).
13. In clinical education, early undifferentiated accounts of client identity have gradually given way to difference-based accounts. Compare DAVID A. BINDER ET AL., LAWYERS AS COUNSELORS (1991), with Michelle S. Jacobs, People from the Footnotes: The Missing Element in Client-Centered Counseling, 27 GOLDEN GATE U. L. REV. 345, 346 (1997) (reprimanding client-centered clinical models for failing to address the effects of race, class, and gender on lawyer-client interaction). Surprisingly, generalized accounts continue to dominate the teaching of trial advocacy.
14. Difference-based identity encompasses more than language and interviewing skills. See Muneer I. Ahmad, Interpreting Communities: Lawyering Across Language Difference, 54 UCLA L. REV. 999 (2007) (exploring the role of language difference in poverty law and community lawyering).
15. See generally, e.g., Anthony V. Alfieri, Gideon in White/Gideon in Black: Race and Identity in Lawyering, 114 YALE L.J. 1459 (2005);
16. Anthony V. Alfieri, Essay, Reconstructive Poverty Law Practice: Learning Lessons of Client Narrative, 100 YALE L.J. 2107 (1991);
17. Anthony V. Alfieri, Welfare Stories, in LAW STORIES 31 (Gary Bellow & Martha Minow eds., 1996).
18. See generally, e.g., Anthony V. Alfieri, Color/Identity/ Justice: Chicano Trials, 53 DUKE L.J. 1569 (2004) (book review);
19. Anthony V Alfieri, Teaching the Law of Race, 89 CAL. L. REV. 1605 (2001) (book review).
20. On the suppression of "activist" or "outsider" scholarship in the legal academy, see Richard Delgado, Commentary, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984);
21. and Richard Delgado, The Imperial Scholar Revisited: How to Marginalize Outsider Writing, Ten Years Later, 140 U. PA. L. REV. 1349 (1992).
22. According to Professor Yoshino's definition, passing "pertains to the visibility of a particular trait, while covering pertains to its obtrusiveness." YOSHINO, supra note 2, at 18 (emphases omitted) (quoting ERVING GOFFMAN, STIGMA: NOTES ON THE MANAGEMENT OF SPOILED IDENTITY 102 (1963)).
23. See generally GOFFMAN, supra, at 102-04, for a discussion of the concept of covering. In his book, Professor Yoshino describes his own struggle to "elaborate" an identity both as a gay man and as an Asian American.
24. YOSHINO, supra note 2, at ix.
25. See id. at 106-07.
26. See id. at 23-24.
27. See id. at ix-xii.
28. See id. at 21-27.
29. See id. at 191-92.
30. See id. at 133-39 (discussing discrimination based on hairstyle, language, and surnames);
31. id. at 191-93 (arguing for a new legal paradigm and describing the areas in which law's solutions and remedies fail).
32. See, e.g., JENNIFER GORDON, SUBURBAN SWEATSHOPS: THE FIGHT FOR IMMIGRANT RIGHTS 148-84 (2005).
33. See YOSHINO, supra note 2, at 111-41 (describing how both majority and minority races impose expectations of covering);
34. id. at 146-47 (describing how expectations of covering and reverse-covering are imposed on women).
35. For a useful exposition of trait theory, see LAWRENCE A. PERVIN, THE SCIENCE OF PERSONALITY 37-68 (2d ed. 2003) (tracing the history of trait theory);
36. and Thomas J. Reed, The Character Evidence Defense: Acquittal Based on Good Character, 45 CLEV. ST. L. REV. 345, 364-71 (1997).
37. For early investigations of client resistance in poverty law settings, see Anthony V. Alfieri, Speaking Out of Turn: The Story of Josephine V., 4 GEO. J. LEGAL ETHICS 619 (1991);
38. and Lucie E. White, Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G., 38 BUFF. L. REV. 1 (1990).
39. Counseling uncovering to promote client self-elaboration or group coalition building should be distinguished from outing. In contrast to uncovering, outing involves the forced, public disclosure or exposure of individual identity without consultation or consent. On the ethics and tactics of outing, see LARRY GROSS, CONTESTED CLOSETS: THE POLITICS AND ETHICS OF OUTING 163-73 (1993).
40. YOSHINO, supra note 2, at 79.
41. Id.
42. Id. at ix.
43. Id. at 92-93.
44. See id. at 194-96. To Professor Yoshino, the coerced conformity of subordination signals the limits of civil rights law. Realizing these limits, he urges civil rights activists to move outside the law into reason-forcing conversations with state actors in the public sphere and with dominant groups in the private sphere to debate the imposition of assimilation burdens on protected groups. Reason-forcing conversations, he explains, should occur informally and intimately. Certain reasons, pointing to "white supremacy, patriarchy, homophobia, religious intolerance, and animus toward the disabled,"
45. id. at 195, should be deemed illegitimate grounds for covering demands. Reasoned conversations reveal an aspirational vision of civil rights law encouraging human flourishing free of the limitations of bias.
46. Id. at 194-96.
47. See RICHARD THOMPSON FORD, RACIAL CULTURE: A CRITIQUE 28 (2005).
48. See id. at 59.
49. Id. at 28, 59-67 (assailing multiculturalism, identity politics, and the politics of recognition).
50. YOSHINO, supra note 2, at 39. For historical background,
51. see WILLIAM N. ESKRIDGE, JR., GAYLAW: CHALLENGING THE APARTHEID OF THE CLOSET 17-148 (1999).
52. YOSHINO, supra note 2, at 68.
53. See id. at 66-68.
54. See id. at 76-77.
55. Id. at 77.
56. See id. at 194-96.
57. See FORD, supra note 30, at 36-42.
58. See id. at 37.
59. Id. at 17.
60. Id. at 31.
61. See id. at 36-41;
62. see also Angela Onwuachi-Willig, Essay, Volunteer Discrimination, 40 U.C. DAVIS L. REV. 1895, 1907-27 (2007).
63. See MODEL RULES OF PROF'L CONDUCT R. 2.1 (2007) (authorizing lawyers to refer to nonlegal considerations when rendering advice).
64. See id. R. 1.14 (providing some discretion for lawyers to make judgments for clients with limited decisionmaking capacities).
65. Id.
66. For studies of cause lawyering, see CAUSE LAWYERS AND SOCIAL MOVEMENTS (Austin Sarat & Stuart A. Scheingold eds., 2006);
67. and STUART A. SCHEINGOLD & AUSTIN SARAT, SOMETHING TO BELIEVE IN: POLITICS, PROFESSIONALISM, AND CAUSE LAWYERING (2004).
68. See Herbert A. Eastman, Speaking Truth to Power: The Language of Civil Rights Litigators, 104 YALE L.J. 763, 766-67 (1995);
69. Deborah L. Rhode, Class Conflicts in Class Actions, 34 STAN. L. REV. 1183, 1221-62 (1982).
70. Direct service lawyering entails the limited case-by-case representation of individual clients for exigent, problem-solving purposes. See Anthony V. Alfieri, The Antinomies of Poverty Law and a Theory of Dialogic Empowerment, 16 N.Y.U. REV. L. & Soc. CHANGE 659, 683-87 (1988).
71. Interview with JoNel Newman, Associate Clinical Professor and Director, CHRE Clinic, Univ. of Miami Sch. of Law, in Miami, Fla. (Dec. 22, 2006). CHRE evolved out of the cross-disciplinary, medical-legal model of community advocacy developed by Professors Gary Bellow and Jeanne Cham at Harvard Law School's WilmerHale Legal Services Center, For a preliminary sketch of medical-legal advocacy, see Gary Bellow & Jeanne Charn, Paths Not Yet Taken: Some Comments on Feldman's Critique of Legal Services Practice, 83 GEO. L.J. 1633, 1649 n.54, 1659-63 (1995) (describing the Medical-Legal Services Project).
72. For studies of the intersection of gender and sexuality in Caribbean culture, see THE CULTURE OF GENDER AND SEXUALITY IN THE CARIBBEAN (Linden Lewis ed., 2003).
73. See PAUL FARMER, AIDS AND ACCUSATION: HAITI AND THE GEOGRAPHY OF BLAME 134-35 (updated ed, 2006);
74. see also ARTHUR M. FOURNIER WITH DANIEL HERLIHY, THE ZOMBIE CURSE: A DOCTOR'S 25-YEAR JOURNEY INTO THE HEART OF THE AIDS EPIDEMIC IN HAITI 28, 44-45 (2006) (describing Haitian homosexual males with AIDS).
75. See MODEL RULES OF PROF'L CONDUCT R. 1.6 (2007).
76. For a discussion of power relations between lawyers and clients, see Susan D. Carle, Power as a Factor in Lawyers' Ethical Deliberation, 35 HOFSTRA L. REV. 115, 137-48 (2006).
77. See MODEL RULES OF PROF'L CONDUCT R. 1.2 ("[A] lawyer shall abide by a client's decisions concerning the objectives of representation and ... shall consult with the client as to the means by which they are to be pursued.").
78. See DAVID LUBAN, LAWYERS AND JUSTICE: AN ETHICAL STUDY, at xx, 7 (1988).
79. See William H. Simon, Ethical Discretion in Lawyering, 101 HARV. L. REV. 1083, 1083, 1113-19 (1988) (discussing theories of how lawyers should respond to conflicting legal and moral concerns in representation, and arguing that lawyers should consider "whether assisting the client would further justice").
80. See MODEL RULES OF PROF'L CONDUCT R. 2.1.
81. Law reform lawyering involves class-wide or group representation in test case litigation to attack structural policies and practices for purposes of institutional change. See Alfieri, supra note 49, at 688-90.
82. See Second Amended Complaint at 12, Hispanic AIDS Forum v. Estate of Bruno, 759 N.Y.S.2d 291 (Sup. Ct. 2003) (No. 01/112428). The complaint contends that "HAF's transgendered clients have or are perceived to have a medically diagnosable condition known as Gender Identity Disorder." Id. at 5. The complaint alleges violations of the New York Human Rights Law and the New York City Administrative Code. Id. at 9-12.
83. Id. at 2.
84. Id. at 3-4.
85. Id. at 4. The complaint alleges that during initial lease negotiations, the building landlord objected to the listing of HAF's full name - Hispanic AIDS Forum - on the ground floor directory "because [the landlord] did not want the word 'AIDS' in the directory."
86. Id. at 4.
87. Reportedly, "HAF agreed to this condition and listed its full name only on its office doors," Id.
88. Id. at 6 (internal quotation marks omitted).
89. Id. at 7.
90. Id. at 7-8.
91. For example, the second amended complaint contains descriptions of conversations that included HAF's executive director, lawyer, and administrative assistant, but none with any HAF clients. See id. at 5-7.
92. Id. at 5, 7 (internal quotation marks omitted).
93. On identity construction in legal representation, see generally Janet E. Halley, Gay Rights and Identity Imitation: Issues in the Ethics of Representation, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 115, 120 (David Kairys ed., 3d ed. 1998).
94. See Memorandum of Law in Opposition to Defendants' Motion To Dismiss the Complaint at 18, Hispanic AIDS Forum, 759 N.Y.S.2d 291 (No. 01/112428) (arguing that "[t]ransgender people have a diagnosable condition ... recognized as a mental disorder").
95. But see Jennifer L. Levi & Bennett H. Klein, Pursing Protection for Transgender People Through Disability Laws, in TRANSGENDER RIGHTS 74, 74-92 (Paisley Currah et al. eds., 2006) (arguing for a legal strategy based on using disability laws while working to eliminate stigmas against disabled and transgender people).
96. See generally NAN D. HUNTER ET AL., THE RIGHTS OF LESBIANS, GAY MEN, BISEXUALS, AND TRANSGENDER PEOPLE 174-75 (4th ed. 2004) (discussing applicability of federal and state disability laws to transgender people).
97. See Memorandum of Law in Opposition to Defendants' Motion To Dismiss the Complaint, supra note 70, at 18;
98. see also Joint Brief for Amici Curiae Harry Benjamin International Gender Dysphoria Ass'n et al. in Support of Plaintiff-Respondent at 1-13, Hispanic AIDS Forum v. Estate of Bruno, 792 N.Y.S.2d 43 (App. Div. 2005) (No. 3820), 2005 N.Y. App. Div. Briefs LEXIS 18.
99. On the disempowering constructions of disability advocacy, see Anthony V. Alfieri, Disabled Clients, Disabling Lawyers, 43 HASTINGS L.J. 769, 828-46 (1992).
100. YOSHINO, supra note 2, at 80.
101. See id. at 93-107 (referring to "case after case in which courts predicate an entitlement on whether a gay or lesbian individual covered,"
102. id. at 101).
103. See Hispanic AIDS Forum, 792 N.Y.S.2d at 47 (dismissing the complaint on the merits);
104. see also Hispanic AIDS Forum v. Estate of Bruno, 839 N.Y.S.2d 691 (Sup. Ct. 2007) (denying motion to dismiss with respect to sex/gender discrimination claims in HAF's amended complaint). The case has since settled for $90,000. WebCivil Supreme, eCourts, N.Y. State Unified Court System, http://iapps.courts.state.ny.us/webcivil/FCASSearch?param=I (search for Index Number 112428/ 2001; then follow "Index Number" hyperlink; then click "Show All Appearances" button).
105. On community lawyering, see, for example, Anthony V. Alfieri, Practicing Community, 107 HARV. L. REV. 1747 (1994) (book review).
106. See Arva Moore Parks, History of West Coconut Grove, in REIMAGINING WEST COCONUT GROVE 20, 20-23 (Samina Quraeshi ed., 2005).
107. See REIMAGINING WEST COCONUT GROVE, supra note 78, at 90-186 (describing various intervention efforts in West Coconut Grove).
108. On the limits of regnant lawyer models in civil rights and poverty law, see GERALD P. LÓPEZ, REBELLIOUS LAWYERING: ONE CHICANO 'S VISION OF PROGRESSIVE LAW PRACTICE 11-82 (1992).
109. For theories about such empowerment programs, see Deborah N. Archer & Kele S. Williams, Making America "The Land of Second Chances": Restoring Socioeconomic Rights for Ex-Offenders, 30 N.Y.U. REV. L. & SOC. CHANGE 527 (2006);
110. Donna Coker, Shifting Power for Battered Women: Law, Material Resources, and Poor Women of Color, 33 U.C. DAVIS L. REV. 1009 (2000);
111. Zanita E. Fenton, Silence Compounded -The Conjunction of Race and Gender Violence, 11 AM. U. J. GENDER SOC. POL'Y & L. 271 (2003);
112. and Darren Lenard Hutchinson, Out Yet Unseen: A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse, 29 CONN. L. REV. 561 (1997).
113. See KEITH BOYKIN, BEYOND THE DOWN LOW: SEX, LIES, AND DENIAL IN BLACK AMERICA 255-68 (2005);
114. J.L. KING WITH KAREN HUNTER, ON THE DOWN LOW: A JOURNEY INTO THE LIVES OF "STRAIGHT" BLACK MEN WHO SLEEP WITH MEN 77-84 (2004);
115. Beverly A. Greene, Heterosexism and Internalized Racism Among African Americans: The Connections and Considerations for African American Lesbians and Bisexual Women: A Clinical Psychological Perspective, 54 RUTGERS L. REV. 931, 947-49 (2002).
116. See Bill Ong Hing, Raising Personal Identification Issues of Class, Race, Ethnicity, Gender, Sexual Orientation, Physical Disability, and Age in Lawyering Courses, 45 STAN, L. REV. 1807, 1808 (1993);
117. Ann Shalleck, Constructions of the Client Within Legal Education, 45 STAN. L. REV. 1731, 1733-35 (1993).
118. See Ascanio Piomelli, Cross-Cultural Lawyering by the Book: The Latest Clinical Texts and a Sketch of a Future Agenda, 4 HASTINGS RACE & POVERTY L.J. 131, 131 & n.1 (2006).
119. See Susan Bryant, The Five Habits: Building Cross-Cultural Competence in Lawyers, 8 CLINICAL L. REV. 33, 64-67 (2001);
120. Sue Bryant & Jean Koh Peters, Five Habits for Cross-Cultural Lawyering, in RACE, CULTURE, PSYCHOLOGY & LAW 47 (Kimberly Holt Barrett & William H. George eds., 2005);
121. Paul R. Tremblay, Interviewing and Counseling Across Cultures: Heuristics and Biases, 9 CLINICAL L. REV. 373 (2002).
122. See Piomelli, supra note 84, at 162-65 (explaining that "cross-cultural competence necessarily entails cognitive, emotional, and behavioral dimensions, each of which is most effectively developed and enhanced through repeated practice and use").
123. See, e.g., Gary Blasi, Advocacy Against the Stereotype: Lessons From Cognitive Social Psychology, 49 UCLA L. REV. 1241, 1266-81 (2002).
124. On the ethics of group representation, see generally Derrick A. Bell, Jr., Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation, 85 YALE L.J. 470 (1976);
125. William B. Rubenstein, Divided We Litigate: Addressing Disputes Among Group Members and Lawyers in Civil Rights Campaigns, 106 YALE L.J. 1623 (1997).
126. See, e.g., MODEL RULES OF PROF'L CONDUCT R. 1.7 (2007) (regulating conflicts of interest involving current clients);
127. id. R. 1.13 (same for organizations as clients).
128. On client-centered and rebellious lawyering models of group representation, see Stephen Ellmann, Client-Centeredness Multiplied: Individual Autonomy and Collective Mobilization in Public Interest Lawyers' Representation of Groups, 78 VA. L. REV. 1103 (1992);
129. Janine Sisak, If the Shoe Doesn't Fit ... Reformulating Rebellious Lawyering to Encompass Community Group Representation, 25 FORDHAM URB, L.J. 873 (1998).
130. See, e.g., Ascanio Piomelli, Appreciating Collaborative Lawyering, 6 CLINICAL L. REV. 427 (2000);
131. Ascanio Piomelli, The Democratic Roots of Collaborative Lawyering, 12 CLINICAL L. REV. 541 (2006);
132. Ascanio Piomelli, Foucault's Approach to Power: Its Allure and Limits for Collaborative Lawyering, 2004 UTAH L. REV. 395.
133. See Gerald P. López, Keynote Address, Living and Lawyering Rebelliously, 73 FORDHAM L. REV. 2041, 2049 (2005);
134. Gerald P. López, Shaping Community Problem Solving Around Community Knowledge, 79 N.Y.U. L. REV. 59 (2004).
135. See Lucie White, "Democracy" in Development Practice: Essays on a Fugitive Theme, 64 TENN. L. REV. 1073 (1997);
136. Lucie E. White, To Learn and Teach: Lessons from Driefontein on Lawyering and Power, 1988 WIS. L. REV. 699.
137. See generally THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION (Marjorie A. Silver ed., 2007).
138. For helpful overviews of therapeutic jurisprudence, see THERAPEUTIC JURISPRUDENCE: THE LAW AS A THERAPEUTIC AGENT (David B. Wexler ed., 1990);
139. and ESSAYS IN THERAPEUTIC J URISPRUDENCE (David B. Wex-ler & Bruce J. Winick eds., 1991).
140. In one example of this cross-disciplinary collaboration, a CHRE clinical faculty team taught a cross-disciplinary graduate course entitled "Law, Medicine, and Nursing: Advocacy, Policy, and Ethics" during the 2004-2005 academic year in partnership with faculty and students from the Schools of Law, Medicine, and Nursing. See Troy Elder, Steel, Hector & Davis Community Health Rights Education Successes, 3 CENTER FOR ETHICS & PUB. SERVICE NEWS (Univ. of Miami Sch, of Law, Miami, Fla.), Spring 2004, at 3-4, available at http://www.law.miami.edu/ceps/images/spring_2004.pdf (reporting on a grant for the interdisciplinary course).
141. See Neal Kumar Katyal, The Supreme Court, 2005 Term - Comment: Hamdan v. Rumsfeld.' The Legal Academy Goes to Practice, 120 HARV. L. REV. 65, 119-22 (2006);
142. see also Shauna I. Marshall, Mission Impossible?: Ethical Community Lawyering, 7 CLINICAL L. REV. 147 (2000) (identifying community lawyers' need for nontraditional ethical guidance);
143. Deborah L. Rhode, Moral Counseling, 75 FORDHAM L. REV. 1317, 1320-33 (2006) (discussing lawyers' ethical obligations and the reasons lawyers often fall short in meeting them).
144. Katyal, supra note 96, at 120 (quoting Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 MICH. L. REV. 34, 66-67 (1992)).
145. See MILNER S. BALL, CALLED BY STORIES: BIBLICAL SAGAS AND THEIR CHALLENGE FOR LAW (2000);
146. THOMAS L. SHAFFER & ROBERT F. COCHRAN, JR., LAWYERS, CLIENTS, AND MORAL RESPONSIBILITY (1994).
147. WILLIAM M. SULLIVAN ET AL., EDUCATING LAWYERS: SUMMARY 4 (2007), available at http://www.carnegiefoundation.org/files/elibrary/ EducatingLawyers_summary.pdf.
148. id.
149. See id. at 5-7.
150. Id. at 6.
151. Id.
152. Id. at 7 (quoting SECTION OF LEGAL EDUC. & ADMISSIONS TO THE BAR, AM. BAR ASS'N, TEACHING AND LEARNING PROFESSIONALISM 15 (1996)).
153. Id. at 8.
154. Id.
155. See id. at 8-9
156. ; see also Russell G. Pearce, White Lawyering: Rethinking Race, Lawyer Identity, and Rule of Law, 73 FORDHAM L. REV. 2081, 2093-99 (2005) (illustrating techniques to encourage professional exploration of identity);
157. David B. Wilkins, Essay, Identities and Roles: Race, Recognition, and Professional Responsibility, 57 MD. L. REV. 1502 (1998) (discussing the relevance of race to a lawyer's professional identity).
158. SULLIVAN ET AL., supra note 99, at 9.
159. Id.
160. See SULLIVAN ET AL., supra note 5, at 7-13.
161. On legal-political organizing strategies and tensions, see Christine Zuni Cruz, [On the] Road Back In: Community Lawyering in Indigenous Communities, 5 CLINICAL L. REV. 557 (1999);
162. Scott L. Cummings & Ingrid V. Eagly, A Critical Reflection on Law and Organizing, 48 UCLA L. REV. 443 (2001);
163. Shin Imai, A Counter-Pedagogy for Social Justice: Core Skills for Community-Based Lawyering, 9 CLINICAL L. REV. 195 (2002);
164. and Joseph Erasto Jaramillo, Comment, The Community-Building Project: Racial Justice Through Class Solidarity Within Communities of Color, 9 LA RAZA L.J. 195 (1996).
165. See Colloquium, Race, Economic Justice, and Community Lawyering in the New Century, 95 CAL. L. REV. 1821 (2007).
166. SULLIVAN ET AL., supra note 5, at 38-43 (noting NYU's linking of doctrinal, lawyering, and clinical courses as a connecting point for faculty discussion and theoretical work).
167. Id. at 34-38 (citing CUNY's close integration of doctrinal and lawyering curricula, including a first-year program featuring linked lawyering seminars and doctrinal courses taught by the same instructor).
168. Id. at 120 (noting that Yale reduced the number of required courses for first year students and encourages students to take clinicais beginning in their second semester).
169. See Theresa Johnston, Transforming Legal Education: Preparing Lawyers for Today's World Practice, STAN. LAW., Fall 2006, at 14, 18 (discussing expansion of clinical and interdisciplinary programs),
170. Harvard Law School recently instituted a First-Year Lawyering Program, revitalized the Program on the Legal Profession, and instituted a new pro bono requirement. See The Harvard Law School Strategic Plan: A Thumbnail Sketch (Oct. 16, 2006), http://www.law.harvard.edu/news/strategic/thumbnail.php;
171. see also Elaine McArdle, Bridge-Building for the Future: A First-of-Its-Kind Research Center Readies Lawyers for a Changing Profession, HARV, L. BULL., Fall 2006, at 12, 14.
172. See generally CAUSE LAWYERING AND THE STATE IN A GLOBAL ERA (Austin Sarat & Stuart Scheingold eds., 2001);
173. THE WORLDS CAUSE LAWYERS MAKE: STRUCTURE AND AGENCY IN LEGAL PRACTICE (Austin Sarat & Stuart Scheingold eds., 2005);
174. Scott L. Cummings, The Internationalization of Public Interest Law, 57 DUKE L.J. (forthcoming Feb. 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=944552.