Why Achieving Diversity Remains a Challenge

I recently had the opportunity to gather with colleagues from across Temple University for a popular discussion series called “Can We Talk?”  I chose as my topic the question of why diversity is so difficult to accomplish, and what might make it easier.  Of course, neither question can be answered to anyone’s satisfaction in an hour, no matter how robust and sincere the conversation.  But that doesn’t mean it isn’t an important conversation to begin, and to continue whenever possible.

I think it’s important, though, to offer a few observations up front.  First, I think it is important to recognize that however much it is desired (in theory or in reality), diversity doesn’t come naturally.  While a lot of people  express support for it – and even a desire for it, we’re not  all clear on what “it” even is, let alone how to achieve it.  Second is the matter of vocabulary.  The word itself sometimes gives off the connotation of “forced mixing,” which sounds like work or something even less voluntary.  And third, the work of diversity is not only hard; it also involves personal risk and personal commitment.

Diversity doesn’t come naturally.  More and more scholarship confirms that we all harbor biases that affect our perception of those around us.  They’re part of our cognitive process – how we interpret information and make sense of our world.  Mahzarin Banaji, a researcher at Harvard, has designed the Implicit Association Test as a mechanism for illuminating these biases in each of us.   Take the test:  https://implicit.harvard.edu/implicit/.

The list of such biases is long and readily available; among those I found most interesting were confirmation bias, which describes how we   selectively see and process information that supports our preconceived notions; anchoring, in which we give too much weight to unsupported knowledge because it is consistent with our assumptions; and actor-observer bias, in which we attribute our own actions to the situation in which they take place but attribute the actions of others to some internal characteristic or personality trait.  When it comes to how we approach diversity, I think that actor-observer bias is particularly worthy of exploration.

The word itself has some issues.  For some, the word “diversity” has acquired a negative connotation.  I think many well-meaning people perceive it as a forced mixing, something we know we “should” do but either don’t want to, or don’t do naturally.  Tackling differences takes us out of our comfort zone, the one filled with people who don’t need us to explain ourselves.  Perhaps a better word to express our desire would be “inclusion,” suggesting that we’re widening our circle rather than visiting an unfamiliar one.

There’s another issue, though, too; one that I think is harder to address.  It’s the question of what, exactly, we mean by diversity.  I think that for many of us, “diversity” really means “me, slightly different.”  We understand diversity to mean that people from historically marginalized groups – women and racial, ethnic, religious, and sexual minorities – should have the same access to resources and opportunities that others do.  But we assume that those categorized differences are the only ways in which they’re different from us, and when that turns out not to be the case, we get uncomfortable.  So the thing that offends us about a coworker isn’t her race or her religion; it’s how loud her voice seems to us.  It’s the large stud in his ear or the way she’s so formal, even in relaxed settings.  When we realize that real diversity means these things as well, it seems a lot more complicated than we would like, and so the challenge increases.

It’s not just a matter of equality.  Diversity initiatives that focus on equality at the end of the pipeline without addressing the injustices at its beginning will never succeed.  We must ask ourselves why groups fall out – why, if our communities have roughly the same numbers of men and women, do men disproportionately occupy positions of power in government and industry? Why are racial and ethnic minorities and people with disabilities so dramatically absent from those roles?  Where – and why – do those who are “different” fall out along the way?  There are some obvious places to start looking for the leaks:  the state of public education and entrenched socioeconomic inequality (itself often a proxy for race) come immediately to mind.  How can we reach our potential without access to a quality education, or safe housing, or enough healthy food?  But this is just one place to look; clearly from the examples above it is not the only contributor to the challenge we face.

There are things we can do.  I think there are actions available to us individually and collectively, if we are willing to do some hard things.  On an individual level, I think the real game-changer is trust.  It’s still very risky to talk about hard issues – we don’t want to offend, or appear unknowledgeable, or come across as angry, or alienate someone.  But talking about these things is the only way that we’re ultimately going to change them.  And that requires trust, and a safe space within which we can let ourselves be uncomfortable.  Collectively, I think we need to have some hard conversations in our communities about what we’re willing to change in order to address the injustices that have created leaks in the pipeline.  We need to get clear on what we really mean by “diversity,” and do some soul-searching about how hard we are willing to work for it.  If we can come to some consensus on those things, then I think we will see a path forward.

October 2014 Highlights

It is hard to believe that October is already upon us, but the cooler temperatures and earlier evenings are hard to dispute.  Here on the East Coast, October also brings the glory of fall foliage. I was reminded recently that Pennsylvania’s fall foliage is more varied and longer lasting than anywhere else in the world.  The glorious yellows and oranges are yet another way in which life at Temple has so much to offer – inside and outside our walls.

October brings a law school calendar full of exciting events – social gatherings like the BLSA faculty-student brunch, the WLC wine and cheese reception, and the D.C. Alumni reception as well as a host of guest lectures, debates, and symposia.  We will have the pleasure of learning from three outstanding scholars at this month’s Faculty Colloquia:  David Law from Washington University, John Coffee from Columbia, and our own Craig Green.  Click here to see some of the other highlights of the month.

I want to draw your attention in particular to three events- the Kohn Lecture on October 9th, the Kolsby Lecture on October 14th, and the Whitford Symposium on October 24th.  The Kohn Lecture will be delivered this year by the Honorable Leo Strine, Chief Justice of the Delaware Supreme Court.  Chief Justice Strine is among the nation’s preeminent jurists, widely recognized as a leading authority on matters of corporate law as well as larger questions of governance in complex environments.  The lecture will be a celebration of the memory of Harold E. Kohn, whose 100th birthday would have come this month.

The following week we will have the pleasure of hearing from Chilton Davis Varner, a senior partner at King & Spalding and one of the top female litigators in the country, as she delivers the 2014 Kolsby Lecture.  Long a highlight of the advocacy program at Temple Law, the Kolsby lecture is always a favorite with students, faculty, and members of the Philadelphia trial bar.

At the end of the month Temple Law will play host to the leading authorities in the fields of corporate or consumer bankruptcy and consumer contracts and protection as they gather to examine the work of Bill Whitford, professor emeritus at the University of Wisconsin, who has for decades been one the nation’s leading scholars in these fields. This event is being organized by Jonathan Lipson, Harold E. Kohn Professor of Law, and will include former Temple Law colleagues David Skeel and Melissa Jacoby.

It’s going to be an exciting month at Temple Law.  I look forward to seeing some of you as your schedules permit and hope for each of you the best that autumn has to offer.

The 2014 MacArthur Awards

I happened to notice while scanning the list of MacArthur Award recipients that three of the 21 honorees were lawyers – Mary Bonauto, a civil rights lawyer credited with building the case against DOMA; Sarah Deer, a law professor working on legislation that empowers tribal nations to protect women from domestic and sexual violence; and Jonathan Rapping, a criminal lawyer whose organization, Gideon’s Promise, provides coaching, training, and professional development to public defenders in an effort to address the problem of inadequate representation for indigent defendants.

I offer this observation because as we continue to wrestle with the challenges facing both legal education and the profession, it’s important to remember that two things remain true: first, that we will always need talented, passionate lawyers; and second, that a good legal education delivers an extraordinary opportunity to creative, passionate people who want to change the world.

Welcoming

I love this time of year.  For most of my professional life, it’s been a time of welcoming – welcoming new students to the school and the profession I love; welcoming returning students as well as friends and colleagues among the faculty; and welcoming a new academic year, full of potential for both challenge and opportunity.

If the first few weeks  of this academic year are any indication, it’s going to be an exciting one.  Our incoming class is packed with creative, talented people whose focus and commitment have been impressive.  As we do every year, we capped off orientation week with our traditional pledge ceremony, in which the incoming class affirms the privilege of service that is ours as lawyers, and commits to seeking equal justice for all.  I believe that this class has the potential to do amazing things, and I cannot wait to see what they have in store for us.  Teaching one of the first-year courses, Litigation Basics, I feel particularly privileged to teach – and thus get to know – some our first-year students.  From even this early stage in their career, I feel comforted that our profession will be in good hands.

This year, I found myself thinking back to the pledge as I listened while the legendary Morris Dees, civil rights champion and co-founder of the Southern Poverty Law Center, addressed an auditorium packed with Temple Law students and faculty.  Mr. Dees was here to help celebrate the opening of the National Trial Lawyers’ Hall of Fame, itself an exciting new addition to the law school community and an affirmation of Temple Law’s ongoing leadership in advocacy training.  His comments on the faces of contemporary tyranny and our role as lawyers in confronting it, drawn as they were from his own life and practice, inspired the entire audience and affirmed both the necessity and the urgency of our work.

In a way, Mr. Dees provided the perfect welcome to every member of the Temple Law community: a welcome not just to law school but to a profession that is privileged to serve as champions in pursuit of equal justice for all.

September at Temple Law

We are just a few short weeks into the semester, and the Law School is a flurry of activity.  Last week, we dedicated the Trial Lawyers’ Hall of Fame, an interactive display featuring some of the nation’s most prominent and powerful advocates.  That the National Trial Lawyers Association selected Temple as the home of its Hall of Fame is strong affirmation of Temple’s continued nationally renowned strength in advocacy training.  We were honored to hear from one of the Hall’s inductees, Morris Dees of the Southern Poverty Law Center.  Click here to read more about Mr. Dees’ remarks and the challenge he issued to the audience.

This week, our own Professor Jaya Ramji-Nogales was joined by her co-authors, Georgetown Professors Andrew Schoenholtz and Philip Schrag, as the three presented to a packed room from their book, Lives in the Balance:  Asylum Adjudication by the Department of Homeland Security.

In Lives in the Balance, the authors analyze a database of 383,000 cases to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices.  The findings are exciting, compelling, and make a strong case for legislative and policy changes to improve the asylum decision-making process.

The 2014-2015 Trial Team selections have been finalized and the team is already hard at work preparing for an intense fall competition schedule that includes the NITA Tournament of Champions, the Peter J. James National Civil Rights Competition, the Puerto Rico Trial Advocacy Competition, and the Buffalo-Niagara Invitational Competition.  Our Moot Court season also gets underway this weekend with the opening rounds of the Samuel Polsky Moot Court Competition, from which we will draw the members of our Moot Court Honor Society for the coming year.

Next week, we welcome to Temple Law Nancy Updike, award-winning producer of the popular NPR show, This American Life.  Nancy has filed stories from around the globe, and brings both an international perspective on current events and an expert touch in crafting a compelling narrative.

The school year is off to an exciting start, and we look forward to more inspiring and informative events.

Top Gun

I was delighted to learn last week that Caroline Power, who graduated in May, had won Baylor Law’s prestigious Top Gun Mock Trial Competition.  It was a wonderful conclusion to Caroline’s amazing run as a trial advocacy student, and an even better beginning to her life as a trial lawyer.  We at her alma mater are immensely proud of Caroline, excited for her future, and not at all surprised.

For those unfamiliar with Top Gun, it is an elite invitational competition in which advocates from the top programs in the country have just 24 hours to learn the case file and prepare their arguments, after which they argue their cases solo, rather than in the traditional team format.  The pressure is intense and the stakes are high.  Only one person a year earns the right to call herself a Top Gun.

This year’s contestants argued a case regarding copyright law in which a publisher was accused of encouraging a novice writer to take elements from an established writer’s series of children’s books. To win, Caroline had to review depositions, records, and photographs before the case, work with new pieces of evidence as the tournament progressed, and argue in front of a jury of distinguished trial lawyers and judges. In the final round of competition, Caroline argued before presiding Judge Leonard E. Davis, Chief Judge of the United States District Court for the Eastern District of Texas. Judge Davis had high praise for Caroline, describing her as talented, fluid, articulate, and persuasive.  I couldn’t agree more, and in fact would add that Caroline is also incredibly hard-working, focused, and highly disciplined – all traits that contributed to her success as a member of the Temple Law National Trial Team and will most certainly serve her well as a trial lawyer.

Caroline’s Top Gun triumph, coming as it does at this particular moment, has been a wonderful opportunity to celebrate the legacy of Eddie Ohlbaum, who created the program and whose passing this spring has been a loss for the school and for each of us who treasured his wisdom and friendship.  In particular, it has given me a reason to reflect on why trial advocacy is such a core element of our curriculum and to reaffirm our institutional commitment to it.

Becoming a trial lawyer isn’t for everyone.  That said, I believe that coursework in trial advocacy is.  Why? Three reasons:  Preparation, confidence, and agility.  No other course in legal education develops these three highly desirable – and transferable – traits in young lawyers as well as the classes they take in trial advocacy.

Preparation:  Trial Advocacy teaches students to synthesize a large amount of complex information, organize it into arguments that will be persuasive to their specific audience, and articulate it with passion and authenticity.  That audience may be a judge or jury, but could just as easily be an arbitration panel, corporate board, negotiating partner, or policy-maker.  Some people are gifted orators and can be decently effective extemporaneously.  But they will never be as great as if they’d prepared. The more prepared the lawyer is, the more effective she will be in representing her client well, no matter what the forum may be.  Trial Ad teaches preparation.

Confidence:  Trial Advocacy pushes students out of their comfort zone and challenges them to do things they didn’t know they could.  It is one of the great opportunities they have in the course of their legal education to layer skill and individuality on top of knowledge.  The best advocate understands that he or she – uniquely – determines the shape and contours of the case presented.  This artistry inevitably discloses something of the lawyer, and involves risk.  So, at Temple, our students will take risks to complete the course.  Learning that they can stand up in front of their peers and professors and deliver an opening statement or cross examine a witness is instrumental to their development as young lawyers, and the confidence they develop when they do what they thought was out of reach inevitably carries over into the rest of their work.

Agility:  Trial Advocacy requires students to think on the fly, drawing on their thorough understanding of the facts and how they relate to one another to quickly absorb new developments and make the necessary adjustments.  This ability to respond quickly and confidently under pressure is something that Temple’s trial advocacy faculty works to develop in every student, regardless of whether they are members of the National Trial Team or reluctantly enrolled in Introduction to Trial Advocacy despite a distinct aversion to public speaking.

What these three Trial Advocacy gifts really boil down to is this:  students who take the risks and the opportunities offered by the program, especially here at Temple, come out of it having discovered their own voices and with the tools to use those voices powerfully and passionately in the practice setting of their choice.  They have a “can do” confidence that they can make a difference, and so they do.  I’m proud of Temple Law’s leadership in this field and of the many members of the legal community whose participation contributes to our success.

The Heart of the Matter

Almost everyone who’s ever even thought about law school has heard that attending one will teach you, primarily, to “think like a lawyer.”  While that is universally recognized as an important element of any legal education, three events over the past week have led me to conclude that we cannot only be about teaching our students’ minds: we must also be engaging their hearts.  Fortunately, recent events have reminded me that this is something the faculty and alumni of Temple Law do exceptionally well.

On Friday, April 4th, Temple Law hosted Wills for Heroes, an organization that assists first responders and members of the military in drafting basic estate planning documents.  Dan McKenna ’05 and volunteers from Ballard Spahr joined Temple Law faculty, administrators and students to provide this much-needed service.  The feel-good vibes were palpable, and you could see in the faces of the clients the peace that comes from knowing that you are doing something tangible and concrete to protect the ones you love.

From left:  Professor Jane Baron, Shanna Miles, Amanda Cappelletti, Caroline Hubbard and Shelley Reinhart. In back are Kevin Hill and Nick Engel. Photo credit: Rich Baron.

From left: Professor Jane Baron, Shanna Miles, Amanda Cappelletti, Caroline Hubbard and Shelley Reinhart. In back are Kevin Hill and Nick Engel. Photo credit: Rich Baron.

On Saturday, Professor Jane Baron, who had also volunteered at the event on Friday, met students from her Property class at the East Poplar Playground and Recreation Center where, as part of the 7th annual Philly Spring Cleanup, they worked to spruce up a community garden.  Professor Baron has been a real driving force for the law school, reminding us that giving back to our community is not an obligation; it’s not even something we occasionally do.  It is who we are.

In between these two wonderful events was yet a third expression of the Temple Law Heart – -the tribute to Professor Eddie Ohlbaum, (“Eddie” to everyone), who passed away on March 13 after a valiant but too brief battle against cancer.  Judge Mitchell Goldberg (EDPA) gave comments from the judiciary, and as a member (with Andy Stern) of the inaugural trial team.  Luke Reiter, currently Executive Producer of “The Blacklist” but with legions of Hollywood credits to his name, spoke on behalf of the trial team (he was a member of Temple’s winning National Trial Competition team (NTC) where he received ‘best advocate honors).  Emilia McKee, a current 3L and member of the all-women NTC team just back from Texas where we once again made the Elite Eight, spoke about Eddie’s impact on trial team members, sharing with us an email Eddie had written to the team after a heart-breaking second-place finish earlier in the year.  (Members of the only other all women team, were also in attendance.  See both teams in the photo to the right).  In his message to this year’s team members, Eddie reminded them of all they had accomplished and how proud he was of them.  He told them, and forgive me for paraphrasing, that he would go into battle with them any day.  That unqualified support is what we all received from Eddie in various forms and settings.  And it is what we so very much miss.  After Emilia came David Layne, also a 3L, who talked about Eddie’s impact on students not on the trial team.  In reprising an encounter he’d had with Eddie about his success on Eddie’s Evidence exam, David reminded us that Eddie cared about every one of his students, not as competitors or numbers, but as people.

From left: Michelle Ashcroft, Emilia McKee Vassallo, Caroline Power, Brittne Walden, Anne Hendricks, Elaine Ugolnik,  Nancy Conrad

From left: Michelle Ashcroft, Emilia McKee Vassallo, Caroline Power, Brittne Walden, Anne Hendricks, Elaine Ugolnik, Nancy Conrad

David was followed by a trio of faculty members.  Professor Lou Natali reminisced about hiring Eddie at the Defender Association of Philadelphia, and Eddie’s relentless commitment to out-work everyone else.  Professor Eleanor Myers reflected on Eddie’s service in the Temple Office of University Counsel, where he excelled at civil litigation, but just hated it.  Fortunately, Temple Law School came calling, and Eddie joined the Law School faculty in 1984.  Former University Counsel and former Dean Bob Reinstein shared memories of Eddie’s role on the Law School faculty, particularly as architect of the nationally-recognized advocacy program, an impact that single-handedly changed Temple Law School.

Having labelled both her presence and her participation as a game-day decision, Eddie’s widow, Karyn Scher, graced us with remarks.  She was at once nostalgic yet funny.  She shared a hilarious dream she’d had featuring Eddie and St. Peter.  I won’t reveal the punchline in case she chooses to tell it again — as she should.

The tribute ended with a short but poignant video, ending with Eddie’s hands over his head in victory.  (Thank you, Steve App, for finding the video).  It reminded us of his essence, his encouragement, and his love of success.   The planning committee concluded, afterwards, that the evening was as near perfect as one could hope.

Why do I go on like this?  In part, I want to honor my friend and colleague, Eddie Ohlbaum. But as I surveyed the several hundred people who had gathered to honor his contributions (the event was planned as a tribute, long before we had reason to suspect he would not be present to witness it), I realized that Eddie, and our reaction to his achievements and his loss, are what people love about Temple.  As an institution, Temple has a big heart  one with space and love for all of our community.

The Intersection of Law & Public Policy: 2014 Update

Last Friday afternoon, I had the pleasure of spending some time at a symposium featuring the work of 15 Temple Law & Public Policy Scholars.  For those of you unfamiliar with this program, the Scholars are Temple Law students who have completed an immersive summer experience in Washington D.C., led by Professor Nancy Knauer.  Professor Knauer conducts the course as an integrated learning community. The students work during the day at high level, policy-oriented internships, spend evenings in a class on institutional change, and enjoy mentorship from Temple Law graduates working in D.C.  Through the integration of these experiences, students achieve a deeper understanding of the reciprocal relationship among theory, experience, and professionalism.  Of particular excitement, the Scholars work collaboratively (a 21st century innovation in legal education), supporting and encouraging each other’s work, while individually preparing white papers related to their internship position.  After just two years in operation, the Law & Public Policy Program is already delivering impressive results.

Each Scholar at the symposium presented an innovative policy proposal addressing a current pressing social or economic issue – often of national or even international significance.  They were organized in five panels along the following themes:

  • Financial Regulation and the Public Interest
  • New Approaches to Problem Solving: Courts, Conflict, and the Environment
  • Sexuality, Violence, and the State
  • The Power of Markets
  • Responding to the Information Revolution

I watched with pride as the students presented their ideas with confidence and authority, and then fielded questions from a very engaged audience.  I was also impressed with the sophistication of the proposals themselves, which were far from being merely academic arguments.  These were proposals designed to have impact in the relevant policy arenas.

We like to say at Temple Law that our students excel in making things happen, and these Scholars are no exception.  Several of them have already been involved or influential in policy changes at very high levels. Some have already been sought out as experts on their points of interest.  All 15 will be presenting their papers in May at the annual meeting of the Law & Society Association, a forum typically reserved for faculty.  I have no doubt that their contributions to that forum, and to our profession, will make everyone at Temple Law very proud.  And they are just the latest example of our efforts to ensure that our students are prepared – well-prepared – for 21st century practice.

Thoughts on Joining the Order of the Coif

The Coif

The Coif

Earlier this week, I received a letter from the Secretary of the Order of the Coif, confirming that Temple Law had been granted a charter and become a member school of the Order.  This is fantastic news for our students and well-deserved recognition of our faculty’s commitment to excellence, particularly in scholarship, and I could not be more proud.

For those who are unfamiliar with the Order of the Coif, it was established in the U.S. in 1902 as a national legal education honor society.  The history of the society, however, goes back much further.  It began with a tradition in the medieval era, when distinguished lawyers were entitled to the right to wear the coif.  For those unfamiliar with a coif, it is the wig or head-covering you might associate with an English barrister.  Members of the medieval order were the only ones appointed to certain legal positions, and in some cases, the only people admitted to practice in certain courts.

Today, the Order of the Coif exists to recognize those law students and lawyers who have distinguished themselves through hard work and a commitment to excellence.  Membership recognizes individuals who have set themselves apart in a very competitive field.

I’m also pleased about Temple’s membership in the Order because I think it is an affirmation of our core philosophy that academic scholarship and experiential learning share a deeply reciprocal relationship.  This philosophy has informed many of our most successful initiatives, from our theory-and-practice symposium series to our award-winning integrated trial advocacy and integrated transactional programs.  It’s not just that both are necessary for a legal education to be complete; it’s that they need each other to reach their full potential in the practice of law.

I’m hopeful that, as Temple Law’s best and brightest join the Order of the Coif, they will become beacons of excellence and inspiration, and will carry what they’ve learned at Temple to ever greater heights in our wonderful profession.

Remarks on Accepting the Philadelphia Bar Association’s 2014 Justice Sonia Sotomayor Diversity Award

There is no success that comes to us through our efforts alone.  In various ways, our friends, colleagues and loved ones contribute – by encouraging us, supporting us and, in many instances, making us look good as a result of their efforts.  I had the pleasure of introducing a program at which three of my colleagues spoke to audiences in Beijing and Tokyo.  Professor Greg Mandel spoke on evolutionary and revolutionary trends in Intellectual Property Law, Professor Duncan Hollis spoke on how well law is (or is not) promoting Cybersecurity, and Professor Salil Mehra spoke about the implications of the Apple e-book case (currently pending in the Second Circuit) on Antitrust Law.  In a few days, Professor Hollis will reprise his Cybersecurity presentation in Pusan, South Korea, and Dean Louie Thompson and I will speak there about US and International Legal Education.  I start this blog post with this information because my colleagues’ presentations have been spectacular, and have further enhanced the reputation of Temple Law School’s faculty.  Their work makes Temple Law School, and indirectly me as Dean, look good.  The same is true for my having been honored by the Philadelphia Bar Association with this year’s Justice Sonia Sotomayor Diversity Award.  The award was given to me, but I share it with my many colleagues who are also devoted to a more diverse legal profession and a more diverse and inclusive world.

What follows is a transcript of my remarks on diversity, offered in acceptance of the award.  To watch the video, please click here.

Friends, colleagues, members of the judiciary, and members of the Bar:  Thank you for selecting me as this year’s recipient of the Philadelphia Bar Association’s Justice Sonia Sotomayor Diversity Award.   Justice Sotomayor is a great, and smart and accomplished – and very cool – lady, and to have my name associated with her is deeply humbling.    I thank the Bar Association for giving me the chance to say a few words here – by video.  You’ll be pleased to know that I’m going take less time than they offered.  I’ve sat through these sorts of videos.  A lot gets lost across the airwaves.   But please bear with me.  There are a couple things I do want to say.  First, and most importantly, I deeply regret that I cannot be there in person to share this moment with you.  On the serious side, I worry that you’ll think me ungracious for not managing to be present.  But please forgive me.   I am with colleagues presenting on cybersecurity and intellectual property to audiences in China and Tokyo.  It just was not possible to undo these appearances.  On the less serious side, we debated an appearance by Skype.  But it’s after midnight in China.  You really don’t want to see me after midnight.  So instead, thank you for letting me offer a few – daytime – thoughts.

First, thanks to Mary Platt, Lynn Marks, and Phyllis Beck, who nominated me, and the many others of you who supported my nomination.  It’s humbling to be in the company of such prior recipients as Nolan Atkins, Andre Dennis, PDLG, the Liacouras Committee, and of course Justice Sonia Sotomayor.  Her achievements and her contributions, not just to our profession but to our nation, are proof that we are limited in what we can accomplish only by what we dare to dream.

Speaking of dreams, I am profoundly grateful for the opportunities that I have been given to do more than I or my parents  ever dreamt was possible.  We have worked hard as a nation to remove the barriers that once shut people out on the basis of their race, gender, or orientation, and both I and the Justice have been able to dream bigger dreams as a result of that work.  But I’d like to suggest to you now, and I believe that Justice Sotomayor would agree, that diversity is more than access.  It’s more than tearing down fences, opening doors and removing barriers that might exclude. Real diversity lies in an embrace – a celebration – of difference.

Let me  make the point this way.  The children of Barack Obama, or Eric Holder, or Mayor Nutter will all be able to have diversity categories checked.  But their experiences will likely have given them exposure and sophistication that will, except for their skin color, render much of their “difference” invisible.  As an aside, don’t even get me started on the fact that as I was crafting examples to make this point, there were far more “male” examples than female.  We’ll dive into that topic some other day.  For today, let me implore you to understand that true diversity means difference.  Often, it means difference in ways that are unexpected, unusual, or uncomfortable, but at the same time incredibly delightful.  When we embrace difference in others, we often gain a new appreciation for our own unique contributions as well.  When we understand diversity not as an accommodation of difference but as a celebration of it, we open our eyes to horizons and possibilities far beyond anything we had dreamt was possible.  The opportunity to see the world, and ourselves, from another’s perspective is one that will always challenge us, dare us, to dream more.

Many in our profession believe that we can achieve diversity only if we personally lose something; power, status, opportunity.  Those who hold this view think that our profession is, at bottom, a zero sum game. Please allow me to suggest that this way of thinking is wrong, and in following it we place limits on our imaginations.  The most enriching, exciting, illuminating, stimulating, and thought- provoking ideas typically come in combination with people who are different from us.  Even if you think you are terrific, and many of you are, I guarantee you’ll be better if you are joined by someone who brings an entirely new and unexpected perspective.  I believe that if our profession is to continue in its pursuit of our highest ideals, if we are to continue to both thrive and serve our communities well, we must embrace difference as the valuable gift that it is.

I feel a solidarity with Justice Sotomayor. We have both lived a dream.  So it is easy for me to pass a commitment along to others – a commitment to diversity.  It is who I am, and it is my life.

It is an honor and a privilege to receive this year’s Justice Sotomayor Diversity Award.  I promise to work every day to pass my commitment on to others and to dare them – you – to dream as well.

Thank you for this most extraordinary honor.