35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 AW L , CHOOL OF S ROFESSOR P NIVERSITY This Volume of This Volume ISITING DERRICK BELL U V ORK Y EW N is respectfully dedicated in memoriam to dedicated in memoriam is respectfully New York University Annual Survey of American Law Annual Survey of New York University \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 7 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 4 35559-nys_69-1 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 ELL B ERRICK D ROFESSOR P \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 8 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 4 35559-nys_69-1 35559-nys_69-1 Sheet No. 5 Side A 10/20/2014 11:50:05 Race, Ra- , is used widely in law schools across the coun- , is used widely in law schools across Derrick Bell was a full-time visiting professor at N.Y.U. School of at N.Y.U. School visiting professor was a full-time Derrick Bell from Du- his undergraduate degree Professor Bell received Bell championed the cause As a teacher and scholar, Professor the progress of racial re- Professor Bell wrote extensively about Above all, Professor Bell was a beloved member of the N.Y.U. IN MEMORIAM: DERRICK BELL (1930–2011) BELL DERRICK MEMORIAM: IN Law from 1990 until he passed away on October 5, 2011. For more October 5, 2011. passed away on 1990 until he Law from commu- shaped the legal Bell profoundly years, Professor than fifty jus- rights and community passion for civil his unwavering nity with and activist. As his leadership as a scholar, teacher, tice, and through Bell instilled in of constitutional law, Professor a devoted professor responsibility sense of professional and ethical his students a deep about race and them to confront complex issues and encouraged difference. the U.S. Air Force and served as a lieutenant in quesne University the University of law school. After graduating from before entering at the Civil Rights of Law, Professor Bell worked Pittsburgh School African Ameri- Department of Justice, as the only Division of the U.S. asked him of lawyers. When the government can among thousands NAACP, Professor Bell left the Jus- to resign his membership in the first assistant counsel at the NAACP tice Department and became the under Thurgood Marshall, su- Legal Defense and Education Fund desegregation cases in Mississippi. pervising more than 300 school and the legal academy. He lever- of civil rights inside the classroom African American professor at aged his positions as the first tenured African American dean of the Uni- Harvard Law School and the first challenge law schools around the versity of Oregon School of Law to their hiring practices. He en- country to embrace diversity in engage with their education and couraged his students to actively learning” method, which em- was well-known for his “participatory and asked students to grapple phasized community-based learning in order to prepare them for real- with current, controversial issues world legal practice. many genres, from fiction to legal form in the United States across key writings that helped analysis to autobiography. He contributed and his casebook, form the critical race theory movement, cism and American Law Bell Lecture on Race in try. Since 1995, the annual Derrick American Society at N.Y.U School of Law has invited many promi- nent scholars to discuss important topics on race and the law, rang- ing from racially tinged economics to post-racial challenges in the Obama era. up community who inspired countless scholars and faculty to stand for their principles. He will be deeply missed. \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 9 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 5 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 5 35559-nys_69-1 35559-nys_69-1 Sheet No. 5 Side B 10/20/2014 11:50:05 OF DEDICATEES NYU ANNUAL SURVEY OF AMERICAN LAW OF AMERICAN SURVEY NYU ANNUAL George B. Galloway Jr.Robert M. LaFollette, 1982 1981 Shirley M. Hufstedler Jr. William J. Brennan, 194219431944 Chase Harry Woodburn 1945 Frank H. Sommer 1977 Manley O. Hudson Carl McFarland Charles D. Breitel 1946 19781947 19791948 A.S. Mike Monroney Henry J. Friendly 1949 Roscoe Pound David L. Bazelon 19801950 Arthur T. Vanderbilt 19831951 Herbert Hoover Weinfeld Edward 1952 Bernard Baruch 1985 Thurgood Marshall 1953 Robert P. Patterson* 19841954 Phanor J. Eder J. Skelly Wright 1955 Edward S. Corwin 1986 1988 Hans A. Linde 1956 Arthur Lehman Goodhart 1987 19911957 John Johnston Parker William Wayne Justice Bernard Schwartz 1958 Henry T. Heald Frank M. Johnson, Jr. 1990 1989 Martin Lipton 1959 Herbert F. Goodrich 1992/931960 Stevens John Paul Harold H. Burton A. Blackmun Harry Barbara Jordan 1961 Charles E. Clark 19951962 Whitney North Seymour 19941963 Austin Wakeman Scott 1998 1996Clinton Hillary Rodham 1964 Fred H. Blume Judith S. Kaye 1965 Laurence P. Simpson 1997 Janet Reno Day O’Connor Sandra 1966 Edmond Cahn*1967 Charles S. Desmond Ruth Bader Ginsburg 20001968/69 Tom C. Clark 1999 L. Boraine Alexander Russell D. Niles1969/70 Francis J. Putnam George Mitchell 2002 Jack L. Kroner*1970/71 2001 Desmond M. Tutu Frank Rowe Kenison1971/72 Robert A. Leflar Laurence H. Tribe 1972/73 Norman Dorsen 2004 Justine Wise Polier1973/74 2003 2005 2007 Walter J. Derenberg1974/75 2006 Richard A. Posner Robert B. McKay1976 John Sexton Antonin Scalia Stephen G. Breyer 2008 2009 Ronald Dworkin 2010* In memoriam Herbert Peterfreund Anthony G. Amsterdam Patricia Wald Arthur R. Miller 2011 Cass R. Sunstein \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 10 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 5 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 5 35559-nys_69-1 35559-nys_69-1 Sheet No. 7 Side A 10/20/2014 11:50:05 because Derrick 1 JOHN SEXTON Annual Survey of American Law TRIBUTE TO DERRICK BELL DERRICK TO TRIBUTE Ricky brought a great affliction into my life when he gave an life when he gave into my a great affliction Ricky brought the feel- to be in this room and I appreciate But it is wonderful it’s appropriate that we It’s a privilege to talk about Derrick, He loved causes, he loved ideas, but he loved students most, He loved causes, he loved ideas, Now, perhaps uniquely in the room—I mean, there are folks \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 1 8-OCT-14 12:39 interview to a magazine about fifteen years ago and revealed some- ago and revealed about fifteen years to a magazine interview when they would know which was that colleagues thing that I didn’t they entered the with me expected a hug when come to meetings room how well the would judge when they left a room and that they the way out and by whether they got a hug on meeting had gone to mind and I kinds of game theory principles this has called all them hugs or by insulted people by not giving have inadvertently giving them hugs. whatever I did in and I appreciate very much that ing of this place and the wonderful of this place and my colleagues telling the story here while I was here that people that made up the community I have ever dreamt for the school Ricky has surpassed anything that better and better and you can feel and that the place keeps getting see it in the glow of people’s faces. it when you return and you can the Annual Survey, which is given honor him with the dedication of in the profession of law, but of course for extraordinary eminence in the profession of law be- Derrick was extraordinarily eminent eminent person. He was first cause Derrick was an extraordinarily an extraordinary human being. and foremost a human being and privilege of knowing him, under- Anyone that knew him, had the was the deepness of his soul that stood first and foremost that it he did in life. And the spectacular gave him the deepness of all that manifested that deepness and thing about Derrick was that Derrick an extraordinary way that it was fundamental spirituality in such that we honor him through impossible to miss. It is also appropriate the vehicle of the did love students most. and that’s—again—because, through his love for stu- if you push was, most of all, an extraordinary dents, he loved people most. He person who cared about people. And the fewer people that some- one had caring about him or her, the more Derrick cared about that person. And that gave him his purpose. who have known Derrick much longer even than I—but I think that 35559-nys_69-1 Sheet No. 7 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 7 35559-nys_69-1 35559-nys_69-1 Sheet No. 7 Side B 10/20/2014 11:50:05 I was the oldest person in our class by a considerable margin. I was the oldest person in our class call on anybody in class. And you know Derrick would never he and Janet and Lisa and I—years later, “You know this bearded 2 in of Derrick sun magnificent the orbit around in moved I probably as with and, in 1976 Derrick I first met else. anyone ways than more NYU ANNUAL despised of my wife. Lisa met him because in my life, I many things SURVEY OF AMERICAN Law first year at Harvard the end of our Law School. At Harvard LAW that she sexist place, and it was a racist, announced that School, she again. I School campus the Harvard Law ever set foot on would not [Vol. 69:1 taker. And a good note me because I was part she married think in that you take “You just register me for the courses she said to me, her exams taken at And she arranged to have and take good notes.” the Harvard Law Hotel, across the street from the Commander Law School And she never set foot on the Harvard School campus. by getting better frequently embarrassed me campus again. She very rarely did she She graduated cum laude. And grades than me. both for myself of courses that I was taking insist, in this portfolio she said, “The one I take a particular course. But and for her, that course, Racism to take second year is Derrick Bell’s course you have up in the back of And that was how I ended in American Law.” Derrick’s classroom. I used to wear flannel shirts, At that time I was thirty-five. And since I would come down from they’d hang out, and I would carry, had to do our classes and then do our house for the day, because I with a big thick, a big, tall thermos some work on campus, I’d come in the back, Derrick made fun of of coffee. And I would sit there back, because I never spoke—Ithis years later, I’d sit there in the here—butknow this is hard for you to believe I never spoke in law on by Arthur Miller. It’s the only school. Only once, I was called that I spoke. Not at all. And I time in three years of law school class. And the way he told it, would sit there in the back of Derrick’s we would laugh about this—and Janet will remember this because looking like a truck driver, sitting guy with this flannel shirt, kind of of coffee, I didn’t have any idea in the back row, with this mug but the important thing is, he whether he was a street person,” I was obviously taking notes—Ididn’t care. You know, I was there, had to take notes, right?—and claim I took notes and was he would same time. doing Law Review galleys at the And I never volunteered in class. And he was never quite sure I was in the class. And then, of course, the way they did it, the exams were anonymous. And the results came out and I think Lisa got the high- est grade in the class and I wasn’t too far behind. \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 2 8-OCT-14 12:39 35559-nys_69-1 Sheet No. 7 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 7 35559-nys_69-1 35559-nys_69-1 Sheet No. 8 Side A 10/20/2014 11:50:05 But Derrick called her at home and said, “You got the highest got the said, “You and at home called her Derrick But don’t grade too. But I a pretty good “Oh, well, he got He said, of us, in his first time I met him just the two And that was the as a very, very, you know kind Now, look, I start off, you know, thing about Derrick, was that But, you know, the remarkable about it. One of the indeli- I remember when he first told me You know, I was a reach. I was an older person. I had been a 2013] Lisa And being there.” you remember I don’t class and in the grade “Well, I this, she just said, about she wasn’t embarrassed said, and the class.” taking notes in husband was there, but my wasn’t ever What’s his name?” “Really? TRIBUTE SEXTON And then he look like?” either. What’s him being there remember he said, “Well, will and he said, “oh my god.” And she described me, “No. But I’ll send to see me?” And she said, the two of you come on to the Harvard Law School campus.” him. I don’t go And you know, the beginning of a love affair. office. And it was I mean, he wasn’t way he teaches, we all know, Derrick, even the or whatever. He then. There were no charts then teaching that way the capacity that Harvard system, although he had was locked in the 3 think about some- great teachers have to make you the really, really thought about it differently from the way you thing completely before you began to work with him. male, so there’s a lot Derrick had of a straight, white, fifties Catholic students, no matter whence they to teach me. But I think all of his he was capable of getting you to came, had that experience, that think in a completely different way. great loves, and this was something he and Jewel, the first of his two blessed with not one, but with two else about the man, that he was for anybody that’s ever been in great loves, both of them models we were students, took us in as love. But he and Jewel, even though couple friends of his and got to a couple of friends. We became I used to tutor this man, [Der- know the boys. I remember when Jewel’s death with him and then I rick’s son]. And we went through and how she arrived in his life. remember the magnificent Janet great, great wedding, right over ble memories in our family is your Katie, running around on that on Broadway, with that little girl, It’s an image that I’ll never forget balcony, with the wrought iron. to let a little girl come, to let because, again, the accepting quality, was going on. To not be both- her run around, even as the wedding ered by the noise. But it was just so typical of the two of them. And Derrick formed in some ways—I’m not sure I’d be here today if it hadn’t been for his pushing me as a scholar. Ph.D. in religion. I wasn’t an orthodox appointment for a great law \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 3 8-OCT-14 12:39 35559-nys_69-1 Sheet No. 8 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 8 35559-nys_69-1 35559-nys_69-1 Sheet No. 8 Side B 10/20/2014 11:50:05 . And he wasn’t the Review Bakke Harvard Education Harvard , and this story of Derrick Odyssey , the came out and everybody thought the and everybody came out Iliad Bakke . So when . So when as a lawyer and former teacher that had worked with high former teacher that had worked as a lawyer and And he guided me to write a piece for the a piece for guided me to write And he But you know Derrick helped me build my portfolio, and then helped me build my portfolio, But you know Derrick my years here. He was one of And he guided me right through And then of course—and close with this because Ja- I will just So then there was the hunger strike, and Derrick is not going So then there was the hunger strike, hopefully it will continue to be a guide even after this Supreme continue to be a guide even after hopefully it will Review 4 committee personnel the chaired school. Burt law like this school I in which of the ways But one me credible. to make struggled and NYU ANNUAL for the on my first piece let me rest Derrick wouldn’t was because SURVEY OF AMERICANLaw Review LAW going to and said, “You’re called me in ending, Derrick world was that’s important.” do something [Vol. 69:1 were on their way up, about how school kids that \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 4 8-OCT-14 12:39 end of the world. Even though he didn’t agree with the Powell Even though he didn’t agree end of the world. how the Powell you can write a piece that will show opinion. He said been a guide— a guide. And sure enough it’s opinion might be forbid it not be. Court term. God the the Supreme Court Editor of I remember I was foreword, do you said, “So they asked me to do the came to me and was Chronicles, nothing ever like think they’ll take this piece?” That they will take the piece because had been . . . and I said well I think to work Chronicle through that that’s my issue. And we managed stodgy old process. take on the responsibility of being the ones that encouraged me to is something you can do.” a Dean. He said, “I think there the Passover Seder: this story has net likes me to tell it. This is like Derrick. And I apologize, about to be told every time I talk about heard this now a dozen times. three-quarters of you have probably But the great stories, the Bell deserve to be repeated. Tree told it a little bit different at to eat is the way I remember it. I remember this right. Tree has the memorial service but I think I called him up and I said, “You never been good on the facts. wrong diagnosis here. Walk out know, you’re right. But you got the you here.” And he came down as a on them. Come to NYU. We love and we had a great year together. visiting faculty member that year where Babbo is now used to be And it was the end of the year. And in a restaurant called the Commanders’. We were having dinner there and over lobster bisque, he said to me, “you know I have never been happier at a law school.” And I said, “That is a pretty low bar.” I said, “You didn’t get along with the Dean at Oregon when I you were at Oregon.” He said, “I was the Dean at Oregon.” And 35559-nys_69-1 Sheet No. 8 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 8 35559-nys_69-1 35559-nys_69-1 Sheet No. 9 Side A 10/20/2014 11:50:05 EXTON S OHN J President, New York University New York University School of Law Dean Emeritus and Benjamin F. Butler Professor of Law Dean Emeritus and Benjamin F. And I said, “Okay, have you ever heard of Walter Alston.” Now Walter Alston.” you ever heard of “Okay, have And I said, us. This great and he is still here in all of And he is still here 2013] So I Dean.” with the along not get still did and you “I know said, are a you Because happy here. you are why it is know “But you said, sins. You for our to take responsibility you don’t have visitor. And don’t have agenda. You side of the stay on the affirmative can just right.” said, “Maybe that’s the sins.” So he culpability for to take the TRIBUTE SEXTON But even a Road to God.” “Baseball Is will teach my course tonight I of you don’t re- is a road to God, probably most though baseball the Dodgers for 20 Alston. Walter Alston managed member Walter would never take contracts. Walter Alston years, on twenty-one-year want you to be the contract. And I said, “Derrick I more than a year appoint you as a legal education.” I said, “We will Walter Alston of it’s just a great, and we have to hit 20 years.” And visitor every year, this was his 20th year. great thing that 5 And just wanted students because he loved people. man, who loved there was a reward a better place. Who knew that to make the world to join him. and who is waiting for all of us for that coming, \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 5 8-OCT-14 12:39 35559-nys_69-1 Sheet No. 9 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 9 35559-nys_69-1 35559-nys_69-1 Sheet No. 9 Side B 10/20/2014 11:50:05 6 NYU ANNUAL SURVEY OF AMERICAN LAW [Vol. 69:1 \\jciprod01\productn\N\NYS\69-1\NYS101.txt unknown Seq: 6 8-OCT-14 12:39 35559-nys_69-1 Sheet No. 9 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 9 35559-nys_69-1 35559-nys_69-1 Sheet No. 10 Side A 10/20/2014 11:50:05 7 PATRICIA WILLIAMS PATRICIA TRIBUTE TO DERRICK BELL DERRICK TO TRIBUTE Thank you, it’s a tremendous pleasure to be here. John said to be here. John pleasure it’s a tremendous Thank you, of why I love being in that But let me try to give some sense 1980 was because of Derrick, How I came to that room at all by \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 1 9-OCT-14 7:39 that he thought he would not be here if it hadn’t been for Derrick it hadn’t been for not be here if he would that he thought here if it hadn’t very, very well that I would not be Bell and I know And to the Bell, there is absolutely no question. been for Derrick even though my with critical race theory, degree I’m associated Code, contracts and the Uniform Commercial basics subjects are race theory is me with that because critical nobody ever associates a single philoso- mostly associated with and it’s not what I think I’m it is used very and sometimes I think phy or unique methodology race. But I think anybody who writes about carelessly to describe Bell. And when theory scholar because of Derrick I’m a critical race race theory, then Derrick Bell as the core of critical you understand why to some degree it’s hard in you understand why it is so diverse, terms, in ideological terms to de- legal terms, in methodological as John described, the core of scribe exactly what it is. It’s because, was heart and spirit and the law it is Derrick Bell and Derrick Bell probably has no language for that. of his legacy. At the Association of interdisciplinary, warm embrace just last month there was a me- American Law Schools Convention a room that seated maybe close to morial to him and it was held in and the people there were from five hundred people; it was full professors and they were of all everywhere. All of them were law actually rocketed me back to my races and nationalities. That event 1980 when they were virtually no first double-ALS meeting back in at all and the minority law section people of color in law teaching white men, good hardworking was actually a room of maybe seven the profession. It was a very small men who were trying to diversify they were only men in those group of dedicated men, for again doors. And Derrick was there of days, who wanted to hold open room for all it was worth. course and he was working that in 1975 and I have gotten to of course. I graduated from law school ri- know since Derrick’s passing that there is an enormous sibling valry among those of us who felt close to him as students and then as professionals. I was shocked at his Memorial how many people my stood up and said father Derrick. And I said no no no, that’s of father you’re talking about. And there is some sort of little pinge 35559-nys_69-1 Sheet No. 10 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 10 35559-nys_69-1 35559-nys_69-1 Sheet No. 10 Side B 10/20/2014 11:50:05 came out, which highlighted came out, which The Paper Chase I expected to love law school with all my heart when I came I expected to love law school with In contrast Professor Bell’s door was always open, his mind was the harsh questioning of the Socratic method, which then reigned of the Socratic method, which the harsh questioning with my class- of legal academia. And I cowered supreme in most derision. And in what often felt like mockery or mates in fear of in those days, we there were virtually no women addition, as I said, on by Arthur percent of the class. I was not called were only eight day actually in he still was practicing lady’s Miller in class because day a month and they would call on women one those days and so actually had a term the powder puff questions. We sort of give them only beginning to puff questions and sexism were for it, the powder educational pro- just possibly immedicable to the be addressed as that because actually Arthur Miller, cess. And I should apologize for turned out to be a great teacher those were the times, he actually actually. within the first ten minutes and and instead I really wanted to leave leave. And as he had in my very Derrick was the only reason I didn’t come alive, he made the dry first class with him, he made ideas let us forget the human stories pages of treatises vivid, he never He imbued legal education behind every track, every suit, repeal. and we weren’t there for our- with a sense of purpose, responsibility and to be of service. And he selves alone, but to live up to a calling isolation and intimidation I felt as helped me reframe the sense of obligation to stay the course. And precisely the reason there was an me, females, African Americans, until Professor Bell, people like aren’t legacies were pretty much students who weren’t wealthy, who the old boys’ network. We left to our own devices to try to penetrate even existed before we could try had to discover that secret societies we had to comprehend how many to break down their doors and before we could understand why deals were made in eating clubs not merely about the potatoes invitations to those high tables were or institutional insularity in au gratin. There was every manner those days calculated to shut out most of the world. always open, he made other doors open too. He supported disabil- ity, elderly, gay rights long before any of that was part of the na- 8 I met John. than him longer known have that I may competition mine of A friend an undergraduate. as was nineteen when I him NYU ANNUAL of like fly and it was sort law class me to his constitutional dragged SURVEY OF AMERICAN became reach suddenly within Derrick’s who came paper, anybody LAW just later they’ve probably and sooner or and a lawyer a law student it or en- they liked professor, whether to become a law destined [Vol. 69:7 it was law school in 1975, I graduated from not. So when joyed it or as about the same time \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 2 9-OCT-14 7:39 35559-nys_69-1 Sheet No. 10 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 10 35559-nys_69-1 35559-nys_69-1 Sheet No. 11 Side A 10/20/2014 11:50:05 ´ e and he created family in the unlikely setting of the law setting of the in the unlikely created family e and he And a few years after I graduated from law school, Professor after I graduated from law school, And a few years visionary like that, but the It would be too easy to say he was of double-ALS was packed And so in January of 2012 the room intimate what was distant, Professor Bell unsettled by making 2013]faculty on the women more to get He worked conversation. tional these time issue. Over was an there that thought few others when and he treated students all law schools the way efforts changed from mere that notion a way that removed to power in spoke truth clich practice of of us to a me and so many connected school. Derrick TRIBUTE WILLIAMS being. this was not the think about teaching. And again, Bell urged me to and this was at ever have considered otherwise career path I would teaching to say were virtually no women in law a time when they six of us in the of color, to be precise there were nothing of women was one of And I believe Paulette Caldwell entire United States. one Asian were four African American women, them and there the historically and one Latina. That includes American woman, 9 teaching and so it said that he just saw me as black colleges. Derrick was. in my case he dragged me kicking truth is he made things happen, a broadly inclusive mandate for and screaming. He believed in prescient and he pushed and he equality that was boundless and students and he made friends with pulled and he checked in on his them for life. for that. And He was a mentor before we had a word us into places we didn’t even in not just mentioning us, but pushing of voices to the profession. see for ourselves, he brought a diversity of many pitches, keys, beliefs, and Unorthodox, interesting voices began with his urging. styles and critical race theory thus that room was integrated, and to the rafters. In January of 2012 whites and men and women but integrated not just with blacks and and Jamaican Americans, with Haitians, and Japanese Americans, Chicanos, Cuban Amer- Trinadadian Americans, Native Americans, Muslim Americans, and I think icans, gay Americans, Jewish and and just a host of view- probably some Jewish Muslim Americans, identity Americans, and they were point Americans, and multiple sight and still I could hear all law professors. It was a remarkable “And we can do better yet.” Derrick’s voice inside me saying, he made strange what we thought we knew, and therefore invited us to explore it more. He played with figures of speech in his writ- in- ing so that ideas became animated, personified, vivified. He verted the subjectivity of living agents and danced with objects that otherwise would not have had the legal status of a doorstop and \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 3 9-OCT-14 7:39 35559-nys_69-1 Sheet No. 11 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 11 35559-nys_69-1 35559-nys_69-1 Sheet No. 11 Side B 10/20/2014 11:50:05 : . ELL OLUM W one of 2 , , 35 C , its pessi- despite OTTOM OF THE B The Space Traders ACES AT THE The Space Traders , in F 158 (1992). ACISM The Spaces Traders , Transcendental Nonsense and the Functional Approach story being “untestable” and then following it up story being “untestable” and then R ELL B 1 ERRICK . 809, 812 (1935). ERMANENCE OF The great legal realist Felix Cohen once wrote that Cohen once legal realist Felix The great And so when Bell and all of us so-called critical race theorists And so when Bell and all of us 2. D 1. Felix Cohen, EV P [w]hen the vivid fictions and metaphors of traditional jurispru- and metaphors vivid fictions [w]hen the poet- rather than for decisions, thought of as reasons dence are on decisions reached for formulating devices ical or mnemonic reader, of the the author, as well as the other grounds, then forces which is apt to forget the social opinion or argument, law is to be the social ideals by which the mold the law and judged. HE I think Derrick went even further than just observing that poetics went even further than just observing I think Derrick fic- he actually created a counter-poetical, exist in legal discourse when Derrick Bell bring home the point. And so tional world to some years ago entitled wrote his parable 10gospel loved know he I it as largesse. of this I thought appreciating sense require a It did call it. if one may jazz, he made thought but I NYU ANNUAL SURVEYof play. OF AMERICAN LAW [Vol. 69:7 \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 4 9-OCT-14 7:39 my favorites, in which United States trades its entire population of which United States trades its entire my favorites, in cache of gold prof- in exchange for an extensive African Americans it was an obvious allegory for fered by some visiting space aliens, of the civil rights movement Bell’s pessimism about the promises just want the problem of ine- and his fear that too many citizens into clouds and disappear. Yet, it quality to be magically whisked the legal academy did not see it as was startling to see how many in in some quarters about the stories that kind of allegory, but raged actually on YouTube, I found re- being “untestable.” And there is I will not name, at a school I cently, an actual law professor, whom Bell of being “untestable” or will not point out, accusing Derrick The Space Traders unanalytical fanaticism and mere with a denouncement of it as an helps to have a sense of deludic in storytelling. Now again I think it all of this. But one reason I loved used the device of science fiction mistic bottom line, was that Bell into the inner workings of to throw a great big monkey wrench interpretation press, what Felix Cohen called the dialectic-hydraulic of meanings out of any text which could press an indefinite number or statute. tinker with fictive devices and who followed in his wayward path so for very specific, nonimaginary poetic figurations, he and we do the dry pages of treatises vivid, to ends. And the purpose is to make T L. R 35559-nys_69-1 Sheet No. 11 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 11 35559-nys_69-1 35559-nys_69-1 Sheet No. 12 Side A 10/20/2014 11:50:05 ILLIAMS W ATRICIA P Columbia Law School James L. Dohr Professor of Law James L. Dohr Professor 2013] To so well. as he did the spotlight into the disenfranchised push to the unseen, flesh to to give minds, and into hearts memory burn any means be of service by history, to bones in the closets’ rattle the more Derrick Bell touched always was. For as Derrick Bell necessary he was a ever dream, mere mortals could most of us people than his en- conditions upon there were no precisely because great man TRIBUTE WILLIAMS ergies. as a and for justice for love, justice, had a huge capacity He influence remains all the greatest teachers, his form of love. Like eternally generative. 11 \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 5 9-OCT-14 7:39 35559-nys_69-1 Sheet No. 12 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 12 35559-nys_69-1 35559-nys_69-1 Sheet No. 12 Side B 10/20/2014 11:50:05 12 NYU ANNUAL SURVEY OF AMERICAN LAW [Vol. 69:7 \\jciprod01\productn\N\NYS\69-1\NYS102.txt unknown Seq: 6 9-OCT-14 7:39 35559-nys_69-1 Sheet No. 12 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 12 35559-nys_69-1 35559-nys_69-1 Sheet No. 13 Side A 10/20/2014 11:50:05 13 GABRIELLE PRISCO GABRIELLE TRIBUTE TO DERRICK BELL DERRICK TO TRIBUTE I write to provide feedback on your class in constitutional I write to provide feedback on your your class has been a I must tell you that working with Thanks to President Sexton, to Dean Revesz, and to the An- and to the to Dean Revesz, to President Sexton, Thanks of the Ken Bain, who was then director In October of 2003 he saw as the several key Mr. Bain went on to describe what this: when I arrived here at In my own words, it went like Dear Professor Bell, opportunity to observe your law. As you know I have had an of the available printed mate- class several times, to review all products of student work, and rial for the class, to observe the about learning in the class. to talk with some of your students feedback. On that basis, I offer the following it comes closer to the ideal marvelous experience because in the research literature than learning environment described at this university. Your does any other class I have observed that are well-supported by class contains a number of elements learning and teaching and the research literature on university high level and deep nature of that most likely account for the in the class. the learning that is taking place \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 1 8-OCT-14 12:19 nual Survey. I was really struck by Ben and the other students on really struck by Ben and the nual Survey. I was barely having time being in law school and the journal; I remember for a day like to take care of the intricate details to sleep, let alone honor to be with thanks. And it is also always an today, so many and Williams. on a panel with Professors Dorsen Janet, and to speak letter to Professor Teaching Excellence, wrote a NYU Center for with Profes- observed during his time interacting Bell about what he Bain wrote: sor Bell’s class. Mr. environment Derrick created ingredients to the successful learning Mr. Bain’s words, “you have given in his classroom. The first was, in over their own education, and students a strong sense of control and small elements of the class.” you have done so with both large engagement with critical issues, N.Y.U. Law, I anticipated a deep for legal issues, intellectual issues. Law school was for me as it is many students: many of us come here seeking the desire to be part of the quest for social justice, to use the law as a way to think about how society can be better, how it can be fairer. I had many smart and hardworking professors and classmates, but I was quickly disap- 35559-nys_69-1 Sheet No. 13 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 13 35559-nys_69-1 35559-nys_69-1 Sheet No. 13 Side B 10/20/2014 11:50:05 So I met Derrick Bell because I got found out. I was crying in out. I was crying I got found Derrick Bell because So I met And Dean Sexton—then-Dean Sexton—was gracious and kind and time again and they There are stories that you tell time 14 space little intentional how there was, space little by how pointed social issues of and the law of engagement critical was, for there NYU ANNUAL SURVEY first-year curriculum. in the justice, particularly OF AMERICAN LAW upstairs—and of this building, the bathroom the John spoke about [Vol. 69:13 this is my story—I we all have, sort of stories I was crying because self, my my spirit and my I didn’t feel that to be here. didn’t want and I wasn’t thought, had a place in this school, brain, the way I A teach- to do about it. (And it was very expensive.) really sure what came upon my Civil Procedure class accidentally ing assistant from was the teaching bathroom and the class that she me sobbing in the then Dean of the taught by John Sexton, who was assistant for was and I later got a without telling me, spoke to him, school. And she, requested at his Sexton’s office saying that I was call from Dean what I was So I showed up. I remember office for an appointment. John was kind and being totally terrified. wearing, and I remember gracious—he gave me a hug—and definitely me what’s said, “tell believe that the environment was going on,” and I said that I didn’t writing this I struggled with if I a positive one. Actually, when I was was I said that it was “pathologi- should say what I really said, which to say it, and now that I’m here, cal.” And I decided I was not going said. I said I thought it was patho- I should be honest, that’s what I get my tuition back if I left. It was logical, and I asked him if I could the first semester of my first year. to me about his experiences at and thoughtful, and he spoke the option of taking your classes Harvard. He didn’t tell me about at a hotel—Ifrom home and taking the tests might have signed up for that—but what he ultimately said was, “I he was wonderful and in walked Janet and Derrick Bell. want you to meet someone,” and I’ve signed this form, I’ve asked for And I said, “well, I know, I mean know he’s really busy, I know he’s Derrick Bell to be my mentor, I And John said, “well I want you to really famous, I know his work.” were, as they always are, gracious meet him.” And Janet and Derrick and graceful. maybe a magical proportion, and take on kind of a mythological or stories. It’s like a totem. This is a this story for me is one of those my story of how I came to be here and how I found my home, and do place here, and it’s a story that grounds me in the work that I re- now. And I wonder sometimes: Does the magic come from the telling, or are those stories magical? And do they push you to tell \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 2 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 13 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 13 35559-nys_69-1 35559-nys_69-1 Sheet No. 14 Side A 10/20/2014 11:50:05 What Derrick did was invite me to sit in on one of his con law on one of his con me to sit in did was invite What Derrick way was possible; Derrick’s In that class I saw that a different “can you say ‘soul’ in a I thought about it, and I thought, were like beacons. I saw that I could engage the law in a way that were like beacons. I saw that I could 2013] their tell them you the more and them, keep telling and to them, me. for was magical Derrick for me; a story This is grows? power with the of the dinners me to one and later he invited classes, spreadsheet—I so like the added guest, on it, I was probably wasn’t it would about how much the spreadsheet have been on I might not TRIBUTE PRISCO Der- even get an appetizer. eat and maybe I was allowed to cost, but That’s how it on students teaching one another. rick’s class relied if anyone wants a series of hypotheticals, and worked. There were Bell Fellows, myself and many of the former the long explanation, even reenact for TAs in the room will, I’m sure, and students, and the materi- went, but students taught one another you how the class engagement, but facilitated a conversation and an als and Derrick students who had Then he would take the he didn’t lecture. would continue work out for dinner and they presented that day’s 15 at dinner at Ennio and the debate and the analysis the conversation & Michael’s—a Derrick took that later, when it closed, restaurant and I got involved in that as up the cause of trying to keep open, because Derrick made you do did my family and many loved ones that. teaching and his spirit that first year—just being in the classroom— another place when I was writing resonated with my soul. This was ‘soul.’ That’s kind of a funny word where I paused and I thought, “ Can I write that?” This was my to write, speaking in a law school. I’ll delete it, I’ll delete it ” and I brain going, “can I write that? I said, “I’m going to write it, that’s deleted it and then I put it back. ” the right word, the word is ‘soul.’ maybe wind up in a law journal?” speech in a law school that will about Derrick Bell, I think you And I said, “well, if you’re writing Derrick was a gentle soul, and have to say the word ‘soul.’ ” Because warrior, a humble warrior, and a fierce soul. He was a fierce, gentle spoke to our souls. And he speaks he was defined by his soul and he our souls as well as our minds, to our souls today, and he guides he sees, he saw, he helps us see and our hearts, and our voices, and That’s what gospel choirs the way those things are interconnected. do, that’s what the concert is about. It’s not about music getting be- your brains to do something, it’s about the interconnection tween our souls, and our hearts, and our voices, and our brains, and our spirits, and each other. \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 3 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 14 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 14 35559-nys_69-1 35559-nys_69-1 Sheet No. 14 Side B 10/20/2014 11:50:05 The second thing that Ken Bain said in his letter was, “you, letter in his Bain said Ken thing that second The in my memory. When I Here’s another story that’s persisted I think that this class represents one of the highlights of my class represents one of the highlights I think that this in the class- at N.Y.U. The diversity of voices legal education which is often and reality to discussions room brings a clarity immeasurable classes. I have learned an lacking in other marginalized representing otherwise amount from students me to en- think that this class has enabled perspectives. I truly a much more and legal precedent on gage with the material structural inequalities of our critical level, demonstrating the system. 16 the in which environment a collaborative have created Bell, Derrick NYU ANNUAL SURVEY a con law each other.” In to learn from are more likely students OF AMERICAN LAW about students wrote of Professor Bell’s evaluation, one midterm while Der- letter because read Ken Bain’s He hadn’t this himself. [Vol. 69:13 actu- John), he didn’t to Ricky (or then, put it in a memo rick did have been teacher, and “I’m an excellent all his students ally tell did his thing. But you know, ever,” he just called the best teacher, what the student the same exact thing. This is the student wrote evaluations): Fellow at this time, so I had the said (I was a Bell End quote. a panel on “Voice and Si- was a first-year student here I organized Professor Caldwell and others lence in the Law School Classroom.” voices of women, on what gets were there. We focused on the in the law school classroom, and heard, and what doesn’t get heard me to hear Professor Williams it was actually fairly upsetting for beautiful and touching, but be- speak today, not because she wasn’t about I experienced many, cause some of what she was speaking think that more would’ve many years later when you would and others publicized, this changed, but it hadn’t. So I publicized, e-mail in response. Many women event and I got an outpouring of made a decision not to speak in e-mailed me and said that they had the point at which they decided class anymore. Some talked about actually how they spoke about it, to silence themselves, and that’s to stop speaking.” Other stu- “this is the point at which I decided the panel was not needed. One dents e-mailed me to tell me why he and two classmates had been student in my section wrote that they reported on the amount of using a timer in our classes, and minutes that women spoke in each class versus men; they were of happy to report that women had spoken an average of x amount if minutes more than men in our classroom. (I was wondering maybe I was, say, nine of those ten minutes, but I didn’t say that.) They said, “this is not necessary, we did the timed experiment dur- \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 4 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 14 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 14 35559-nys_69-1 35559-nys_69-1 Sheet No. 15 Side A 10/20/2014 11:50:05 And then I got to Derrick’s class as a student—as I got to Derrick’s And then a a student, that Mr. Bain said—don’tThe third thing aren’t worry, there for Derrick, Lisa Marie In one of the most recent memorials said was, “you have created an The fourth thing that Mr. Bain that the work we do in the world matters, that we are the problem that the work we do in the world 2013] the existence that wrote student Another of classes.” sampling ing a federal the including bench, on the women of large number of a that was are obsolete. So, issues of sexism clear that bench, made one experience. as a Bell Fellow—andTA, later of that experience the bitter impact TRIBUTE PRISCO and I of my own voice, and claimed more and I found was lessened, and on fairness in ground my thoughts on justice learned how to thinking. I learned the Constitution and in legal the framework of colleagues in the but I also learned it from my that from Derrick, classroom. that many—was,by getting them have helped students learn “you issues, that they to solve problems, constitutional involved in trying in that 2004 as important.” Another student have come to regard 17 concept by saying, knowing it, illustrated this class, again, without our day forces us to the politically charged issues of “linking con law of our legal reasoning. You show to think about the consequences No longer can we pretend us who will suffer from our decisions. our Ivory Towers.” Derrick re- that we cannot see the world from minds us—and word in the present tense— I’m going to use the are the problem solvers of this solvers of this time and place. We in our hands and in what we do time and place, and that much rests with that. made that interspersed interviews Boykin showed a film that she’d and recollections of people who with Derrick with historical footage one scene in it that has really knew and loved him. There’s this and brutal photo of police haunted me: there’s a very frightening attack dogs (they seem to be Ger- officers and they’re unleashing teeth on civil rights protesters, man Shepherds) that have bared who was recalling his school de- and a voice offscreen asks Derrick, “weren’t you afraid?” And Der- segregation work in the deep south, if you can think of Derrick’s rick, and I want you to take a minute, and just think about him say- voice, his soft, gentle, humble voice, couldn’t think about that.” ing it, he said, “well, you just really environment in which students believe that their work will be con- an sidered fairly and honestly.” The fifth was, “you have provided opportunity for students to try, to come up short, to get feedback on their efforts, and to try again, in advance of summative judg- ments about their efforts.” I would add that Derrick was interested \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 5 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 15 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 15 35559-nys_69-1 35559-nys_69-1 Sheet No. 15 Side B 10/20/2014 11:50:05 His willingness to allow us to try, to come up short, to course- us to try, to come to allow His willingness justice, the reminds us that the fight for social Finally, Derrick Learning: A Detailed Exposi- At the very end of “Participatory shortly before his eighty- As many of you know, Derrick died When asked about retirement I respond that, health permit- When asked about retirement I I get it right. In setting up ting, I intend to keep teaching until in 1992, then-Law School- my permanent visitor scheme back the “Walter Alston of Legal Dean John Sexton dubbed me Brooklyn and Los Angeles Academe.” Alston managed the years on a string of one-year Dodger baseball team for twenty record would mean not only contracts. Equaling the Alston but that I have done so doing that I survive to age eighty two, some worthwhile purpose. work that I love, and I hope served 18 loves. and our our passions, interests, lives, our in our engaged and part- life suitable finding think about us to encouraged He often NYU ANNUAL SURVEY about his of marriage and about the joys he often talked ners and OF AMERICAN LAWlove, Janet. [Vol. 69:13 into our classroom and beyond the to try again, extended correct, said, as Professor Williams spoke about, up. Derrick often growing and he em- children and grandchildren, his students as adopted aspects of the most amazing and essential bodied one of love and grandparenthood, which is unconditional parenthood and to change, to your children to make mistakes, a willingness to allow us to do that to course-correct. Derrick allowed grow, to mature, us to do that. and he encouraged not only with so engaged in, is a fight best fought fight that he was and song, and and determination, but with love, intellect, reason, of ourselves. I re- joy. He reminds us to take care food, and even sent me. I’d told him I had gotten cently was reading an e-mail he the job I now have, and he was a an interview for a job I wanted, it’s expect a call. He and Janet wrote reference and I said he should parents, we want you to do back, and said, quote: “as your adopted kill your damn self. And that is good when you get the job but not serious.” End quote. expositions of his method that he tion,” which is one of the detailed to explain his course, this is what had written for the law school end here: Derrick wrote, and I’m going to in first birthday. While he may not have equaled the Alston record his years, or made eighty-two, there is no doubt that his work and life served a deeply worthwhile purpose. And there is no doubt that he got it right. And there is also no doubt that all he taught guides \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 6 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 15 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 15 35559-nys_69-1 35559-nys_69-1 Sheet No. 16 Side A 10/20/2014 11:50:05 RISCO P ABRIELLE G Direction of Juvenile Justice Project of Juvenile Justice Direction Correctional Association of New York Association Correctional 2013]us—meus—towards of and each worth. and of meaning lives you. Thank TRIBUTE PRISCO 19 \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 7 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 16 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 16 35559-nys_69-1 35559-nys_69-1 Sheet No. 16 Side B 10/20/2014 11:50:05 20 NYU ANNUAL SURVEY OF AMERICAN LAW [Vol. 69:13 \\jciprod01\productn\N\NYS\69-1\NYS103.txt unknown Seq: 8 8-OCT-14 12:19 35559-nys_69-1 Sheet No. 16 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 16 35559-nys_69-1 35559-nys_69-1 Sheet No. 17 Side A 10/20/2014 11:50:05 21 NORMAN DORSEN NORMAN TRIBUTE TO DERRICK BELL DERRICK TO TRIBUTE You have just heard Gabrielle Prisco’s tribute to Derrick Bell. to Derrick Prisco’s tribute just heard Gabrielle You have tended to the emphasis on how Derrick Gabrielle put much point about the sibling rivalry Professor Williams made a good was in the late 1960s when he My first interaction with Derrick Richard Nixon had already It was late 1971, and President beyond those days. \\jciprod01\productn\N\NYS\69-1\NYS104.txt unknown Seq: 1 8-OCT-14 12:32 As Dean Revesz said in passing, Gabrielle was a Hays Civil Liberties was a Hays Civil Gabrielle Revesz said in passing, As Dean Fellow in 2002–2003, Law, Professor working with Professor Sylvia what a vital force and me. You can imagine Helen Hershkoff, Fellow who did . and is. I can’t recall another Hays Gabrielle was . . tasks that an active the countless administrative more to assist with her civil liberties while simultaneously fulfilling program requires her achievements distinction. We are proud of responsibilities with from law school. since she graduated Someone who as well as their minds and hearts. souls of students John Sexton. with these words was President was especially pleased that one of his main missions in For many years he has said publicly been grateful for John’s solici- life was to save my soul. I have always won’t succeed because it is un- tude, but regrettably he probably as a soul. likely that there is such a thing Bell’s students and mentees. I that has erupted among Derrick the genre, but I entered Harvard hope this is not an example of that admitted women. I do not Law School in 1950, in the first class but years later I realized how claim special insight or virtue, women in our class were, and marginalized the thirteen or fourteen three or four African Americans how even more marginalized the be done to achieve a just society, at were. While so much remains to least we have progressed—again, Professor Williams has said— as Fund. I had come to NYU to was a staff lawyer at the Legal Defense Liberties Program, and Derrick head the Arthur Garfield Hays Civil two matters. But the incident that and I worked together on one or after he left LDF to become the fixed my sense of Derrick occurred at Harvard Law School. first African American professor made four appointments to the Supreme Court, permanently end- I ing the liberal majority in which so many of us rejoiced and which, suspect, we naively thought would be a permanent condition. But we lived and learned, and the civil rights community had to adjust to the new reality. One pressing need was to develop vigorous and 35559-nys_69-1 Sheet No. 17 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 17 35559-nys_69-1 35559-nys_69-1 Sheet No. 17 Side B 10/20/2014 11:50:05 would do. he Aryeh Neier, then-executive director of the ACLU, proposed to ACLU, proposed director of the then-executive Aryeh Neier, then as vice presidents Anthony Amsterdam, The board chose wanted to know more about Derrick did not accept at once. He later saying that, however Happily, Derrick called a few days a group as the SALT I might add that even as progressive 22 LDF, ACLU, at the the lawyers with to work litigators sophisticated of source A promising organizations. other front-line and NAACP, NYU ANNUAL SURVEYprofessors, activist law number of young, the increasing talent was OF AMERICAN LAW some of Court and milk of the Warren reared on the who were struggle. already in the whom were [Vol. 69:21 that would law professors organization of of creating an me the idea liberal academics of this effort. I invited about ten be at the center We ex- and it was received with enthusiasm. to discuss the idea Gillers, then in and, with the aid of Stephen panded the group by-laws and first executive director, we drafted practice and our joined. Thus professor in the country. Hundreds solicited every law known as SALT. of American Law Teachers, was born the Society it also selected elected me president and The board of governors four vice presidents. Gary Bellow of School and now an NYU colleague, of Stanford Law Ralph Brown of Yale. All were civil Harvard, and Tom Emerson and the only board member who no- liberties stalwarts, and I was not of color in the group even ticed that we did not have a person was interwoven with racial issues. though much of SALT’S agenda or other minority law teachers at There were few African American become an academic, but sev- the time. Derrick had only recently at LDF. We elected him, and I eral of us knew of his excellent work telephoned to extend the invitation. do, and what SALT, what the organization would he was busy learning the craft, as Moreover, as a new law professor, responsibilities, about which more we all had to, and he had special below. We discussed all this. his values, and he would be busy he was, SALT’s goals reflected Moreover, he said, his wife told proud to serve as a vice president. him to accept. recollection, discuss the possibility board did not, to the best of my more remote idea, a gay person as of selecting a woman or, an even a vice president. Once again, there were few women and possibly I no “out” gay law professors, but that also was a sign of the times. am pleased to say that over the decades SALT has become an enor- mously diverse organization that can serve as a model for other groups. \\jciprod01\productn\N\NYS\69-1\NYS104.txt unknown Seq: 2 8-OCT-14 12:32 35559-nys_69-1 Sheet No. 17 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 17 35559-nys_69-1 35559-nys_69-1 Sheet No. 18 Side A 10/20/2014 11:50:05 did not meet its academic or intellectual stan- did not meet its academic or intellectual Y or X Several things struck me about my conversations with Derrick. with my conversations me about struck things Several years, but he wisely advised SALT over the Derrick not only will be the remarka- Derrick’s even more lasting contribution Derrick had begun to speak But all was not quiet at home base. Derrick left Harvard amidst controversy. He continued his stel- 2013] civil rights and civil do to help might what he was sole concern His wasn’t a Harvard. There his duties at while fulfilling liberties with to be associated mean for his career of what it would whisper there the Nor was as vice presidents. already selected the luminaries only af- him latterly, we were approaching suggestion that slightest TRIBUTE DORSEN the he downplayed were chosen; white vice presidents ter the four “of course” he understood—thereissue, saying that were only a few probing questions Further, Derrick asked black law professors. raised issues that its newly created mission. He about SALT and overlooked. All over four or five meetings had twenty law professors eager for Derrick to join us. this made us more Among many scholar and admired teacher. emerged as a superb article on an he wrote the leading law review other publications, 23 How issue for public interest organizations: important and vexing serve “two mas- LDF, the ACLU, and the others, should lawyers at ters”—the policy goals of the organization they worked for and the which sometimes conflicted. best interests of the individual clients, accurately, at least based on my I recall being bowled over by how tensions and offered possible so- experience, Derrick described the and institutionally sound on lutions that were intellectually creative a subject that had hardly been explored. that presented past and current bly creative “dialogues” or “fables” clarified the moral dilemmas of issues facing people of color and of racial discrimination and men and women during centuries these essays without acquiring a struggle. It is impossible to read deeper understanding and empathy. of African Americans publicly on the inadequate representation law faculties, including Harvard. and other racial minorities on in good faith, responded by Many of Derrick’s colleagues, I assume saying that \\jciprod01\productn\N\NYS\69-1\NYS104.txt unknown Seq: 3 8-OCT-14 12:32 dards. While that may have been true in many cases, it was also true dards. While that may have been what counted ultimately were about many white candidates. And of necessity, and the willingness to matters of judgment, the feeling faculty appointments. take risks, as is often done with lar career at Stanford and at Oregon Law School, as dean. In both places he took similar, aggressive stances on the need for law schools to expand their hiring horizons. In both places he created controversy. He couldn’t help it. He knew himself and knew where 35559-nys_69-1 Sheet No. 18 Side A 10/20/2014 11:50:05 Side A 10/20/2014 Sheet No. 18 35559-nys_69-1 35559-nys_69-1 Sheet No. 18 Side B 10/20/2014 11:50:05 ORSEN D ORMAN N New York University School of Law; Frederick I. and Grace A. Stokes Professor of Law Frederick I. and Grace A. Stokes Counselor to the President of New York University; Counselor to the President of New President, American Civil Liberties Union 1976–1991;President, American Civil Liberties President, U.S. Association of Constitutional Law 2000 President, U.S. Association of Constitutional President, Society of American Law Teachers 1972–1973;President, Society of American Law Co-Director, Arthur Garfield Hays Civil Liberties Program Co-Director, Arthur Garfield Hays He returned to Harvard but once again departed, this time to departed, this time but once again to Harvard He returned were the most striking compliments At Derrick’s memorial 24 Riv- at the service memorial Derrick’s said at someone As he stood. a grown-up. born he was Church, erside NYU ANNUAL SURVEY OF AMERICAN LAW two de- Law School over so much to our he added N.Y.U., where mine and office next to Vanderbilt Hall time, he took the cades. In [Vol. 69:21 of the was reminded relationship. I often deepened our we soon commit- substantive, and modest, Bell of 1971. Soft-spoken, Derrick hope I did. listened as well as spoke, as I ted. Moreover, he places where at N.Y.U., Harvard, and other from former students urgency about In his position he felt a special he had taught. who were seeking Americans and other students mentoring African students often maze of legal education. These a way through the a son or daughter that had not previously sent came from families to be a deeply his relations with students to college. He considered was remarkable and opportunity. There important responsibility memorial, which from those who spoke at the love for Derrick the decades to our one bit as I thought back over didn’t surprise me earliest encounters. \\jciprod01\productn\N\NYS\69-1\NYS104.txt unknown Seq: 4 8-OCT-14 12:32 35559-nys_69-1 Sheet No. 18 Side B 10/20/2014 11:50:05 Side B 10/20/2014 Sheet No. 18 35559-nys_69-1