CBA Record November 2018

FERGUSON’S FAULT LINES–AND CHICAGO’S Bias and the Problems that Plague Urban America

By Katie Liss and Clare McMahon CBA Record Editorial Board “There is a rhythm to the destruction of black lives by American law enforcement. Each death or episode of brutality strikes at the core of our humanity–a vicious and tragically familiar downbeat. Next is the incendiary cocktail of emotion–anger, sadness, outrage, guilt, and fantasies of retribution. The burst of emotion transitions into exhaustion amid a crescendo of cries for justice. These calls rarely elicit a meaningful response, but instead are routinely met with deflections, or an effort to blame the victim, or worse yet, a deafening silence–a long pause that yields to a familiar lamentation to systemic inaction, a begrudg- ing, tacit acceptance of the status quo, and a swelling sense of racial resentment. Then the universe delivers another downbeat, and the cycle begins anew.” –F erguson’s Fault Lines: the Race Quake That Rocked a Nation J ustice Michael B. Hyman and Nina Fain of the CBA Record Editorial Board invited Professor Kimberly Norwood, a Professor of Law at Wash- ington University School of Law in Saint Louis, to speak on October 16th as part of the CBA’s Signature Series. Professor Nor- wood gave a chilling presentation on racial issues in America, using the well-known police killing of unarmed eighteen year old Michael Brown, in Ferguson, Missouri, in broad daylight in 2014, to highlight the systemic racial issues in America. She tied this tragedy to other historical tragedies, shedding light on a pattern that many of us do not otherwise see. Professor Norwood’s breadth of knowl- edge on the disparities in law enforce- ment, social conditions, and economic

Author Kimberly Norwood spoke and signed copies of her book, Ferguson’s Fault Lines. Photo by Sally Daly.

creating shortcuts to help us digest infor- mation efficiently. However, when these biases cause discriminatory outcomes, it creates a problem within our society. As panelist and Chairman of the ABA Sec- tion of State and Local Government Law Ronald Kramer of Seyfarth Shaw fittingly said, people will lose trust in the judicial system if they think a bias exists. Professor Norwood argues that it does unfortunately exist and therefore needs to be addressed. As we all know, faith in the judicial system is a necessary pillar for a healthy and robust nation. This is an issue of enormous pro- portions, for all of us. Professor Norwood urges us–as attor- neys, judges, and academics–to be com- mitted to uncovering our own biases, to encourage diversity within our profes- sion and to talk about these issues. She discussed mandatory courses and longer

and political policies disproportionately impacting Black and Brown people in America is staggering. Her thesis is that little has changed in 150 years. People of color continue to be in similar positions as they were post-ratification of the 14th Amendment as well as 50 years after the assassination of Dr. Martin Luther King Jr., the passage of the Fair Housing Act, and completion of the National Advisory Commission on Civil Disorders report. Professor Norwood’s ability to explain and demonstrate this conclusion with facts and examples is compelling. Everyone Has Biases Biases help us function and protect us by

12 NOVEMBER 2018