Law Students' Suit Goes to SJC Today

The Supreme Judicial Court (SJC) of Massachusetts will hear oral arguments today in a suit brought by Harvard Law School students who are suing the University for discrimination in faculty hiring.

The Law School Coalition for Civil Rights (CCR)--Composed of six minority organizations and the Women's Law Association--is appealing an earlier decision by lower court, which dismissed the case on the grounds that students are not the appropriate group to challenge the school's hiring policies in a lawsuit.

The coalition is filing for the right to discovery, which will give them access to personnel files. CCR claims that the hiring process is secretive and discriminatory. This is the first case in which law students are using their school for discrimination in hiring faculty members.

If the SJC finds for CCR, the case will be sent back to the Massachusetts Superior Court, which will then address the charges of discrimination in hiring practices.

The SJC, which consists of seven justices, enabled the coalition to bypass the Massachusetts Court of Appeals by granting direct apellate review on January 22. Five of the justices will hear the case today.

Both Harvard and CCR have already field briefs with the SJC, and the hearing will give the justices the opportunity to interrogate student and University representatives about their cases.

Justices Joseph R. Nolan, Francis P.O'Connor, Neil L. Lynch'52, Herbert P. Wilkins '51 and Chief justice Paul J. Liacos will first hear a 15 minute oral argument from Caroline C. Wittcoff and Laura E. Hankins, third-year law students and members of CCR.

University Attorney Allan A. Ryan will then take 15 minutes to respond on behalf of the University.

Questions during the oral arguments will be important because they will indicate where the justices concerns lie, according to John H. Bonifaz, a third-year law student and CCR member.

Bonifaz said he was pleased about the panel, Liacos has commissioned gender bias and raceethnic bias studies for the courts and is aware of the issue's significance, he said.

"He has already shown he's concerned about the impact discrimination has on the court system," said Bonifaz.

"It's a positive sign he is also sensitive to issues of concern in legal education," he added.

Bonifaz also described Wilkins as an "open justice," who would be receptive to the students' arguments.

But both Bonifaz and Ryan said they do not know what the court's ruling will be. Ryan, however, said that he expects a decision by either this spring or early this summer.

Ryan said the University will stick to its original position that the students do not havethe right to sue the Law School.

"Under Massachusetts law, students do not havethe legal right to bring a suit allegingdiscrimination against someone else," he said. Theperson bringing the suit must be the personexperiencing discrimination, Ryan said.

CCR members disagree, contending that studentsare deprived of benefits that a diverse facultywould bring. They also argue that students enterinto a contract with the university in which theschool guarantees it will not discriminate againstthem.

The question of discrimination in the LawSchool is long standing, achieving nationalattention when Professor derrick Bell announced inApril 1990 he was taking an unpaid leave ofabsence until the school hired a woman of color.

Bell is currently a visiting professor at NewYork University Law School and is consideringresigning his post at Harvard.

Currently, of 64 tenured or tenure-tracked LawSchool Professors, six are Black men, five arewhite women and 53 are white men

"Under Massachusetts law, students do not havethe legal right to bring a suit allegingdiscrimination against someone else," he said. Theperson bringing the suit must be the personexperiencing discrimination, Ryan said.

CCR members disagree, contending that studentsare deprived of benefits that a diverse facultywould bring. They also argue that students enterinto a contract with the university in which theschool guarantees it will not discriminate againstthem.

The question of discrimination in the LawSchool is long standing, achieving nationalattention when Professor derrick Bell announced inApril 1990 he was taking an unpaid leave ofabsence until the school hired a woman of color.

Bell is currently a visiting professor at NewYork University Law School and is consideringresigning his post at Harvard.

Currently, of 64 tenured or tenure-tracked LawSchool Professors, six are Black men, five arewhite women and 53 are white men