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Black Women in the Law Nietworking for Social Change

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Black Women in the Law Nietworking for Social Change RECLALMING THE ANCESTORS' QUELT: BLACK WOMEN IN THE LAW NIETWORKING FOR SOCIAL CHANGE Irma Marcia James A thesis subrnitted in coaformity with the requirements for the degree of Master of Arts Department of Sociology and Equity Studies in Eàucation Ontario Institute for Studies in Educatioa University of Toronto O Copyright by Irma Marcia James 1998 National tibrary Bibliothèque nationale du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395, rue Wellington OttawaON K1AONQ OttawaON KlAûN4 Canada can2ufa The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Lïbrary of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or seil reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la fome de microfiche/nlm, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. RECLAIMING THE ANCESTORS' QUILT: BLACK WOMEN TEtE LAW: NETWORECING FOR SOCIAL, CHANGE Irma Marcia James Master of Arts O 1998 Department of Sociology and Equity Studies in Education Ontario Idtute for Studies in Education University of Toronto ABSTRACT This work is a narrative-based qualitative and participatory study of the networking practices of Black women studying, teaching and practicing law. Black women pursuing careers in a middle- upper class White male dominated profession occupy an "outsider-within" subject position. Such women experience dissonance stemming from compromises made to balance conflicting socio- economic conditions and expectations among the sites of family, comrnunity and dominant institutions. This work aims to uncover the strategies these women are developing to both succeed in the profession, and to remain grounded in their respective identities, families and comrnunities. By developing an awareness of how these connections operate, in sites such as the family, legal education or profession, Black women in the law rnay then actively: (1) develop effective models of resistance for marginalized persons in dominant institutions; (2) equip themselves to resist extemal oppressions and find strength for self-renewal; and (3) form alliances around loci of oppression, including race, gender, sexuality, ability and class to lay the foundations for transfomative social change. ACKNOWLEDGMENTS 1 give thanks to my God[dess], who is being very patient with my slow exploration of myself. 1 give thanks for, Irma C. Harris James, my Mother, for giving me my life, my name, and my voice, and for, Robert E. James, my Faiher who never accepted less than my best effort. 1give thanks for Robert Rap James, my Brother, for his suppon, encouragement and humour, and for Lois R. James, my Sister, for being there to edit and put everything into perspective. 1 give thanks for my family, al1 of my Aunties and Uncles. and many Cousins, Let this be a record for the James, Ambroses, Archibalds, Benjamins, Hamises, Peten, Tonges and Wamen. 1 give thanks for Dr. George Dei, who aliowed me to be his apprentice, without being my master. Your friendship and guidance, your honesty and generosity, your brilliance 1 will remember, but most of all, your capacity to perform several impossible tasks at the same time. 1 give thanks to Mary Howes, Paul Olson, Kristine Pearson and Olga Williams for your much needed support and advice. 1 give thanks to my friends, a pretty arnazing group of women and men, who bring something beautiful to rny life, especially little earthquake, Masha, Tisha, Conia, May, Jasmine, Margarida, Maria and Yakko: the moon when 1am Sun, the wind when 1am cairn, and always the spirit in the soul. I give thanks to everyone who reads these pages. For whether you read this work in criticism or approval 1have Iaboured with purpose. And most of dl, 1give thanks to the women in my study, without whom 1 would be writing a work to gather dust. Instead 1hope you will find a testament to your strength and a promise for the future. TABLE OF CONTENTS TITLE PAGE i ABSTRACT ii ACKNOWLEDGMENTS iii TABLE OF CONTENTS iv PREFACE vii CHAPTER ONE: INTRODUCTION "Why the Law?": On Great-Aunt Gertrude and the Instability of the Paper Chase Moment Networking: Introduction to the 'Ancestors' Quilt' Rationaie and hsumptions of the Study Guiding Questions The Context of Black Women in the Law in Ontario Becorning a Lawyer Guide to the Journey CHAPTER TWO: CONCEPTUAL FRAMEWORK 'The Ancestors' Quilt and the Scholars' Tapestry" THEORETICAL FOUND ATIONS Definition of Terms Comrnunity : Race and Ethnicity: Mainstrearn Feminist Theories, Black Feminist Theories, Wornen of Colour, North and South: Critical Race Theory Black Feminist Theories LITERATURE REVIEW OR A SEARCH COR LITEMTURE Black Women's Experiences in Law: Variations on the Theme of Networking Mentoring and Role ModeIling Alienation and Networking TOWARDS A WORKING THEORY OF INTERLOCKING OPPRESSIONS CHAPTER THREE: METHODOLOGICAL DIRECTIONS METHODOLOGY Testimony and Subject Position: A Question of Ethics and Power Reflexive Sociology: Rupturing the ResearchedParticipant Reiationship Issues in Liberai Feminist Research: Lessons for My Study Sea Water Fish in Fresh Waters: How to Live in the Weight of the Water SPECIFIC RESEARCH METWODS Research Design Making Contacts with Participants Data Collection and the Interviewing Process On Ethics and Responsibilities Data Analysis CHAPTEX FOUR: THE NARRATIVES Introduction to the Network: A Description of the Participants 1. WHY DID YOU GO TO LAW SCHOOL? II. IDENTITY ISSUES m. LAW SCHOOL AND WORK EXPERIENCES General Experiences "Burdens", Activism and Survival IV, THE SUPPORTS: FAMILY, FRIENDS. COLLEAGUES, PARTNERS AND SPlRITUALlTY Famil y Spirituaiity Partners and Non-Network Friends V. MENTORING, ROLE-MODWG AND BLACK LAW ORGANIZATIONS Role-Modelling and Mentoring Black Law Associations W.CHALLENGES AND POSSIBIISllES OF NETWOEXWG ChdIenging the System and Creating Alternatives Making Law Accessible and Building Coalitions SUMMARY CHAPTER FNE: ANALYSE Introduction: Surpassing Survival 'Working At' Versus 'Working For,': A Framework for Understanding Resistance FlVE DOMAINS FOR RESISTANCE: SEWING PATCHES FOR THE ANCESTOR'S QULLT Achieving Integration Broadening Representation Sunnounting isolation Increrising Access Transfonning the Law CHAPTER SIX: CONCLUSION Beyond Critical Race Theory & Black Feminis t Thought : Reconciling the Tapestry and Ancestors Quilt Hagar's Story: Learning to Re-position the Law Liberalism Dis-connections and the Conservation of Power Liberal Feminist Theones: A Premature Celebration The Ttansfomtive Possibilities of Networking Directions for Future Study Reconceptualizing the Past to Reshape the Future: Gathering the Threads A LAST WORD: CHOOSING TO STITCH ANCESTORS' QUILT APPENDICES 1. Question 'Clusters' with Sarnple Questions II. The Participants m.Consent Fonn IV. Letter of Information PREFACE A note to Daisy: 1 was floundering to define the subject for my thesis, having many ideas and issues to explore concerning interlocking oppression of Black women in law. I was struggling with many ethical and methodological questions that I had no idea how to begin, until you suggested the networking approach. 1suddenly knew how 1 would fit the pieces together. 1was thinking in a linear manner, subscribing to a mentocracy theory that would envision these women as separate entities that somehow rnanaged to be successfu1 in proximate isolation. Of the many approaches to qualitative anaiysis in general and narrative study in particular, 1 needed to create a method that was honest, ethical and without pretense of objectivity. This paper represents the attempt that 1 have made to hilfill those goals. CHAPTER ONE: INTRODUCTION Why The Law?: On Great-aunt Gertrude and the Instability of the 'Paper Chase Moment' The 1973 movie, The Paper Chase, typified middle-class White man's law school in White Amenca It is a story of young men in their quest to pass fint year exams, and understand 'The Law' according to Harvard and Hollywood. The movie proves that liberated young women may spite their fathers through unstable relationships. and that young men who work hard and "have the nghi stuff' will eventually succeed. By the time the closing credits rolled 1had experienced my 'Paper Chase moment' when 1thought 1 would find fulfillment studying for a noble profession in an ivy covered tower. 1 temporarily forgot or allowed myself to forget that the movie normalized messages that a woman's place was to support her husband, and that a professor should humiliate a student into submission before either would gain respect. 1 tned to remernber where '1' was in the movie, "Where were the Black people?" In the classrooms, I think, they were in the back, 1 think, and perhaps in the Street scenes, 1 think. Certainly there were no groups of Black people anywhere much less studying together or supporting each other. My 'Paper Chase Moment' did not last. In a very simple way, 1realized that 1could not both 'have' (middle-class success and ties to my community) and 'be' (a genenc law student and actualized Black woman) at the same time. The discovery was so painhl that 1 put my drearn away. However, the need for respect and the wish to leam remained. What was new, was my ovenvhelming need to control what was happening to me, to somehow force people (racist Whites) to be fair, to have a position that people had to hear, despite what they thought about the colour of my skin. Unlike law professor Patricia Williams, when 1tumed to my mother to validate my goals, she could not tell me that the law was "in my blood" (1991: 12). Whether my enslaving ancestors were in the law is lost to time, their dubious legacies purposefuliy forgotten by my parents.
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