May 2004 Commencement Exercises, Reception and Speaker's Remarks
Remarks of Speakers
- Senior Address:
Clint William Floyd - Welcome to Washburn Law School Association:
Bernard A. Bianchino - Remarks by the Dean:
Dennis R. Honabach - Remarks by the Associate Dean:
Allen K. Easley - Introduction of Commencement Speaker:
Dennis R. Honabach - Commencement Address:
Hon. Paul L. Brady
Faculty and graduates in procession outside Lee Arena.
Washburn University School of Law held its 98th Commencement on May 15, 2004 at Lee Arena in Petro Allied Health Center on the Washburn University campus to recognize the Class of 2004. The Juris Doctor (J.D.) was conferred upon approximately 150 graduates during the ceremony. The J.D. is the first earned law degree indicating graduation from a law school with three years of post-baccalaureate study. Prior to the commencement exercises, graduates were led in procession by the Kansas City St. Andrews Pipes and Drums outside Petro and into Lee Arena.
The Honorable Paul L. Brady, Class of 1956, gave the commencement address. Judge Brady was also awarded an honorary Doctor of Laws. The citation on Judge Brady's degree reads:
Be it known, that inasmuch as honorary degrees are awarded to men and women who, because of scholarly contributions, meritorious public service, or other noteworthy achievements, have come into universal high regard, the Board of Regents of Washburn University does therefore confer upon The Honorable Paul L. Brady the degree of Doctor of Law with all the rights, privileges, and insignia pertaining thereto. In testimony whereof, this diploma is issued with the signatures of the President and Chair of the Board of Regents and the seal of the University affixed at Topeka, Kansas on this 15th day of May 2004.
The graduates recognized Professor Megan Ballard as Professor of the Year and John Fritz as Adjunct Professor of the Year.
During commencement, each graduate in the Class of 2004 was presented and called to the stage by name by incoming Associate Dean Bill Rich. Faculty assisted with hooding the graduate, and each graduate was personally congratulated by Washburn University President Jerry Farley, Washburn Board of Regents Chair Benjamin F. Blair, Washburn Law Dean Dennis Honabach, and Associate Dean Carol Vizzier. Washburn Law School Association President Bernard A. Bianchino presented each graduate with a commemorative paperweight on behalf of the Assocation to mark the occasion.
Following the program, graduates, their families, and other attendees joined faculty and staff for a reception at the Bradbury Thompson Center.
Graduates with family, friends, and each other enjoy the reception at Bradbury Thompson Center.
Senior Address Clint William Floyd 2004 Class President
President Farley, Dean Honabach, Fellow Graduates, Distinguished Faculty, Family, Friends, and Honored Guests: Today is truly a day to celebrate and I am honored to be speaking to all of you tonight.
Three years ago (or more for a few of us) we entered Law school with thoughts of a future filled with opportunities. The only hurdle in our way was making it through three years of law school classes. I mean, how hard could law school be? Well, we can all answer that question in our own minds, but I can honestly say it was well worth it. This leads me back to my introduction, because as we sit here today as graduates of Washburn University School of Law, the future is upon us and it is true, a Law Degree offers endless opportunities for all of us. I ask that each of you explore these opportunities and find the one that is right for you.
As I was writing this speech, I was reflecting back on the last three years and trying to think of one thing that bonds all of us together. I came to the conclusion that it was not one single event; instead, it was a multitude of events connected to one thing: Law school. Think about it, when socializing, what do we always talk about? Answer: Law school. Sure, we talk about other topics like sports, the weather, the opposite sex and politics, but it always leads back to a law school topic. If you don't believe me, ask your spouse or significant other, or any friend that has been around a group of law students in a social setting. It all started with orientation three years ago and it is ending tonight, here at graduation. Law school has connected all of us together, and that will never change.
I remember walking into the Law School for the first time not knowing what to think of this new environment. I was a little scared, a little perplexed, yet excited and anxious all at the same time. I was ready to begin a new chapter in my life and one I will always remember thanks to my fellow graduates. I am sure most of you can relate to how I was feeling as we all began this new chapter together. Some of you entered law school after previous careers, while others came straight from undergrad like I did. Some of you were married, some were single, and some of you had families. No matter what walk of life you came from, law school was a new adventure, a new start, a new beginning that would hopefully lead us to a rewarding and successful career as an attorney. Most of us soon realized that law school was not going to be easy; rather, it was a very challenging experience, one full of hard work, sacrifice, dedication, and commitment. The good news is-- we made it!
Before entering law school or soon after, someone (probably a 3L) told you that in your first year of law school they try to scare you to death; in the second year they work you to death, and in the third year they bore you to death. Now I don't know what each of my classmates was thinking after hearing this, but I remember thinking, "if only I can get past that first year, then I know I will make it." I am sure many of you entertained those same thoughts. In retrospect, I don't think that law school gets easier per say; instead, I think that law students become more comfortable with the demands of law school. For example, think back to our first set of final exams. Sure, the professors and upperclassmen tried to explain finals to us, but until we experienced it first hand, it could not be put into words. No one ever looks forward to finals, but after the first set, we at least knew what was expected and could plan accordingly. Stress levels rose to new highs, as finals became a truly unforgettable experience, but it is something that we don't ever have to worry about again.
We might not have known what to expect from law school when we began three years ago, but we are leaving with a lot of great things-first, a great education, second, some great friends and relationships, and finally, some wonderful memories. We will always have a connection, a nexus (that is a civil procedure "term of art" for all of you non-lawyers in the crowd) no matter where we end up in life and that connection is attending law school here at Washburn University.
It was a difficult journey, one filled with "peaks and valleys" as my college football coach always said. Today is definitely a peak moment, so enjoy it. I would like to thank all the family members, spouses, children, significant others, and friends of this graduating class-we could not have done this or made it this far in our life without your love and support. Best of luck to all my classmates: be proud of your accomplishments, be proud of your education and most of all go out and fulfill your dreams.
Welcome to Washburn Law School Association Bernard A. Bianchino
Good afternoon. This is a great day for Washburn and a great day for each of you. The Washburn Law Class of 2004 is the second graduating class of our second century. And, as you contemplate your achievements and prepare to receive your diploma I would ask each of you to remember that this is your commencement day.
Today you leave the university community and commence your career as a washburn lawyer. That also means that today you become a member of the washburn law school association…a fellowship of Washburn Law graduates whose accomplishments define the values, character and prestige of this great law school.
You enter the practice of law knowing that Washburn Law graduates sitting at commencements through the years…just as you…have distinguished themselves in virtually every discipline of the law. They have entered private, corporate and government practice. They have become professors, administrators and executives. They practice virtually every type of law from civil trial practice, to criminal practice to family practice.
And, today you pass into that fellowship.
As a personal note, none of you can imagine where your degree will take you. As I look back 30 years to my commencement ceremony...I can attest that not in my wildest dreams could I have imagined the breath and depth of experiences that would be opened to me because of my Washburn Law degree.
As the president of the Washburn Law School Association it is with great pleasure and the fondest wish of every success that I welcome you to our association. As you file by the stage today you will first receive your degree then I will hand you a Washburn Law School Association medallion that we hope you will proudly display in your office.
And, as you progress in your practice I would ask that you remember the law school, the resulting opportunities that have opened to you and actively participate in association functions.
You will begin to define our second century as those before you have defined our first!
Thank you.
Remarks By the Dean Dennis R. Honabach
Let me begin by joining in welcoming everyone to today's glorious ceremony.
We are at that part of the program listed as "remarks by the deans." Now you might wonder why we have the deans speak. Surely - you must be thinking - if we had any thing important to say to you, to the graduates - we would have said it by now! Indeed, we should have said it.
Nevertheless, one of the prequisites of the office of the dean is to have one final moment with you now just before walk across the platform to receive your degree. No self-respecting dean would forego the opportunity. But I shall be brief.
There are three subjects I thought I might discuss. First, I thought I might share some inspirational thoughts. To attempt to do so is a real temptation. What law professor or dean does not dream of sending off graduates with some stirring words echoing somewhere in their brains!
Relax, that's not what I intend to do attempt. In a few minutes - when you hear our commencement speaker - you will understand why.
The second subject I might take on is to remind you - the members of the graduating class - that a commencement is more than just a time for celebration. It is also a time for gratitude. It is a time to acknowledge that you could not have made this long journey alone. Take the time to recognize the contributions of all who have made your journey possible - the faculty and the staff of the law school; your friends, and, most importantly, your loved ones - your spouses, partners, parents and children. They have been with you every step of the way.
Finally, I want to leave you with a challenge. The last few years have been a period of great change for you. In some sense it is for every law student. When you arrived at the law school in the summer of 2001, you began a new chapter in the history of the Washburn University School of Law.
Your studies here have not been easy. That is as it should be. No serious endeavor ever is easy. No worthwhile period of growth comes without discomfort. During the last three years you have shared an incredible transformation, an experience you can be proud of as you reminisce with you classmates in future years.
My challenge is this. Remember - you now are a Washburn Law lawyer. You are a part of one of the great traditions of legal profession. Be proud of your lineage! Serve your profession and our great law school well.
Congratulations on all that you have accomplished. We on the faculty and staff wish you success and satisfaction in all that you do!
This year is a particularly notable year for the law school. For the past twenty-five years, one of the leaders of our law school has been Dean Allen Easley. As you are aware, Dean Easley is leaving us this year to become the President and Dean of William Mitchell School of Law.
You - and many other Washburn Law students - have worked closely with this incredibly talented man. You know first hand his wisdom and his patience, his commitment to excellence and his willingness to work closely with you. We will miss Dean Easley but we have all been enriched by having worked with him.
You - however - have formed a special bond with Dean Easley. And therefore I am pleased today to share the podium Dean Allen Easley - President-elect Dean Easley.
Remarks By the Associate Dean Allen K. Easley
Note: Dean Easley has been at Washburn Law since 1979. As of July 1, 2004 he will be President and Dean at William Mitchell College of Law in Minneapolis, Minnesota.
President Farley, Dean Honabach, Judge Brady, members of the platform party, my colleagues on the faculty, friends and families of the graduates, and, of course, you, the members of the class of 2004 - I am so pleased to have this opportunity to talk to you today.
As many of you know, I started my career in legal education at Washburn twenty-five years ago. And at the end of June I will be leaving Washburn to undertake a new task and to face new opportunities. So I want to thank the graduates today for giving me this opportunity, on your very special day, to share a few thoughts with you. I must say that I leave Washburn with very mixed feelings - excitement, certainly, about the new challenges and opportunities I will face in the future, but sadness too about leaving the Washburn family. This is a very special place. So it means the world to me to have this special chance to say goodbye.
I should note that it is a dangerous thing, to give an open mike to a law professor. It is in our nature to talk a lot - often for 50 minutes at a stretch. It is in some ways even more dangerous to give an open mike to a dean. It is in our nature to ask you for money.
Nevertheless, I promise to be brief, because I think Judge Brady has more important things to say to you than I, and because this is your day, not mine. But I make no promises about the money part.
As I've thought over the past few days about what I might want to say to you, it seemed to me that I ought to say something about my time here at Washburn, and what this place has meant to me. And what I hope it means to you.
So let me start with a story about me, and my arrival here in August of 1979. I was barely thirty years old. A significant number of my students were older than me. And looking back on it now, I can't believe how little I knew about life or the law.
Because my practice, limited as it was, was a litigation practice, and because I clerked for a federal district court judge, the folks in charge back then thought it made sense that I should teach in the Civil Procedure area. Only they already had two people who taught the basic Civil Procedure class. So when they offered me a job as a brand new assistant professor, they asked me to teach a brand new class called "Advanced Civil Procedure." Which we later renamed "Complex Litigation." But then it was called "Advanced Civil Procedure," and it was so new that hardly any law schools offered the class. There weren't even any casebooks available.
So I was pretty nervous. I didn't have a book. I had never taught Advanced Civil Procedure. I had never even taught Civil Procedure. Though you may find this hard to believe, I never even took Civil Procedure when I was in law school. So, when I say I was pretty nervous about the prospect of "teaching" Advanced Civil Procedure, really it was more like petrified.
I ended up with twelve students in that first Advanced Civil Procedure class. They were very bright, which made me even more nervous. But they were also very nice. They never complained about the fact that I was often just a day or two ahead of them in pulling together the materials that they would need to read for the next class.
And though I was constantly in fear that my students would discover that I had no earthly idea what I was talking about, in the end I realized that this was, after all, Civil Procedure. Who really ever truly understands Civ Pro (besides Professor Concannon). While I surely didn't, they didn't either. So we learned it together, and we had a great time.
And after a couple of years of teaching Advanced Civil Procedure, I told the folks in charge that I thought it would be nice to teach the basic Civil Procedure class once or twice, just to get a different perspective on the whole subject. So I did that a couple of times too, and then before I knew it, it was my regular gig. And here I am twenty-five years later, and I guess I am kind of an expert in the field. Who would have ever thunk!
So what is the lesson in all this for you? Well, I think there are several.
Lesson number one. Sometimes life surprises you - an opportunity arises and you end up doing something you never thought you would do - you end up being something you never thought you would be. My twenty-five years at Washburn have been laced with one opportunity after another to do new, different and challenging things. Teaching something I had no idea would become my passion. Becoming Associate Dean. Remaining Associate Dean for thirteen years. Becoming involved in ABA law school accreditation work. Working with national leaders in legal education. Being elected by representatives of all the nation's law schools to a seat on the nine-member governing board of the Association of American Law Schools. Being offered the deanship of a law school, about 500 miles due north of here, where I will move next month.
At every point in my twenty-five years here when opportunities arose, I had the choice to seize the opportunity, or let it pass. You will have many opportunities in your lives. Some of them might seem pretty odd. Some will seem pretty challenging. And you can't seize every opportunity. You have to let some of them pass. You have to make judgments and set priorities about what you can and can't do. Be wary, though, in setting those priorities, of conventional wisdom. If I had followed conventional wisdom, I would not be here today. But sometimes life surprises you. And some of those surprises are golden opportunities. Seize them every chance you get.
Lesson number two. I could not have accomplished all that I have in twenty-five years at Washburn without a lot of support from others. And most of that support came from folks here at Washburn. I was offered a job here because people at Washburn believed in me. I was allowed to grow into my field of expertise because people at Washburn believed in me. I was entrusted with the job of Associate Dean, and held it for thirteen years, because people at Washburn believed in me. Even the things I have done nationally, I have had the chance to do because people at Washburn believed in me and encouraged me to grow.
When we accepted you as budding young law students three years ago, we announced that we believed in you. During your three years at Washburn we have continued to believe in you. We have encouraged you. We have nudged you forward. Sometimes we have pushed you pretty hard. Sometimes we have caused you bitter disappointment. We have applauded your successes and we have been saddened by your failures, not because we felt that you let us down, but simply because we care about whether you succeed. And we applaud you today for your great accomplishment - graduation from law school - an accomplishment for which you and your family and friends should be very proud. But don't ever forget that what you have accomplished today, and what you will accomplish in the years to come - Washburn helped make possible.
Lesson number three. I am who I am today, and I've accomplished what I have in the past twenty-five years, because of the opportunities Washburn gave me, for sure, but equally important, because of the hard work I put into making the most of those opportunities. I have never sweated harder than I did that first year teaching Advanced Civil Procedure. And that was only one of five classes I taught that first year. Everything I have accomplished since then has been through hard work and determination and the belief that I could do whatever I set my mind to. Last Monday I sat in a conference room in Washington, DC with law professors from the University of Texas, Georgetown, Iowa, UCLA, Duke, Ohio State, Boston College and Vanderbilt, all members of the governing board of the Association of American Law Schools, including me, and all representatives of elite first tier law schools, except for me - and we had a lengthy and vigorous discussion about issues affecting the landscape of legal education. And you know, the fact that I was not from one of the chosen few just didn't matter. It only becomes relevant when I let it become relevant, and I don't.
So when you sit across the conference table or courtroom from a lawyer from NYU or Stanford, or any other law school that thinks of itself as more elite than Washburn, don't ever let yourself question whether you belong there. You are bright and you are talented, and you got a great legal education here at Washburn, and if you work hard and believe in yourself, you can compete with anyone.
Let me close with a comment about the future of Washburn Law School, the implications of that future for you, and your role in Washburn's future. Some five years ago, when Washburn was last inspected by the ABA, the inspection team that came to visit described Washburn as the "best kept secret in legal education." We are now in the throes of trying to break out of that cocoon of secrecy. We want the world to know who we are and how good we are.
And so, today, Washburn is a beehive of new activity. We hired five new tenure track faculty members who will start next fall, the most new hires we have had in a single year since 1979, the year I came to Washburn, when seven of us joined the faculty in one year.
The five new faculty members we have just hired are a key part of Washburn's future. We were successful in hiring these individuals, wildly successful I might add, because they were so excited about all the things going on at Washburn. Our three new centers. The exciting visitors who have graced our campus in recent months. Sometimes so often that we've had several major events going on simultaneously. The major classroom renovation project, that will start on Monday, bringing our classrooms into the 21st century, and adding the office space we desperately need in order to house our new faculty members. There has been more activity, and more change, in your three years of law school, than in many years before.
And change is never easy. Even when change is for the good, there are always side effects. The renovation project this summer will be a royal pain for several months. The dramatic increase in activity brought about by our new centers means that we need to worry about coordination of activity, so things don't get stacked on top of each other, in ways we never had to worry about before. Our five new faculty members will, as I and my colleagues did twenty-five years ago, struggle at first. They will need students and colleagues who are kind and understanding, who will give them the time and support they need to grow into the great teachers they are capable of being.
I know that for you, the graduates of the class of 2004, there has been stress and frustration at times during your three years at Washburn, worry about what is changing and what isn't, and why some things are changing and others aren't. I want you to know that in spite of those stresses and uncertainties, there is good that will come of all this. Good for Washburn. And good for you. Ten years from now, Washburn will still be providing the great legal education it provides today. But there will be new faces, and new programs, and new teaching methods. All the pushing that is going on right now is helping prepare Washburn for the future. And in that future, Washburn won't be the secret that it was five years ago, and twenty-five years ago.
I am here to tell you that you need Washburn to keep getting better, to keep moving forward. Your Washburn degree is like an investment. As Washburn grows and improves, your degree will grow in value. And just as you needed Washburn to help you get where you are today, Washburn will need your help to continue to grow and improve. By helping us recruit more and better students. By helping our future graduates find jobs. By coming back and participating in our centers and other programs, helping give our future students a sense of how the world really works, on the ground, not just on paper and in books. And (this is the money part) by giving financial support to your alma mater, at whatever level you can afford as you go through the various stages of your professional careers.
Really though, the important thing is this. I want to urge you, on this very special day of yours, to think, today and for the future about the wonderful experiences you have had here - the wonderful people you have met here - the wonderful education you have received here. And I want you to make a promise to yourselves that you will find a way to stay involved in Washburn's future. That may seem like an odd thing for me to say as I prepare to leave this wonderful place. But I assure you, there will always be a special place in my heart for Washburn, and I hope there is for you too.
Thank you again for this opportunity to share a part of your special day. And good luck to all of you!
Introduction of the Speaker Dean Dennis R. Honabach
It is one of the great traditions at our law school that the members of the graduating class select their commencement speaker. Today they have chosen a truly exceptional individual to address them.
It is my honor and privilege to introduce this year's commencement speaker, The Honorable Judge Paul L. Brady.
Judge Brady received a BA in economics from Washburn University in 1951 and a JD from Washburn University School of Law in 1956. After graduation from law school, Judge Brady practiced law in Chicago, Illinois until 1968 when he became a trial attorney and later a supervisory trial attorney for the Federal Power Commission.
In 1972, Judge Brady was appointed as Federal Administrative Law Judge where he served until he retired in 1997. Judge Brady received the Power Commission's highest award for outstanding performance, as well as receiving nationwide recognition for organizing govermental attorneys to assist in a neighborhood legal service program in Washington, D.C.
Judge Brady was the first African-American attorney employed by the Federal Power Commission and the first African-American to be appointed as a Federal Administrative Law Judge. A library and conference room is named in his honor in the Sam Nunn Federal Office Building in Atlanta, Georgia.
Judge Brady serves as Chairman of the Bass Reeves Education Foundation, which provides programs and materials to students to promote a better understanding of the legal system, advances the cause of justice, and coordinates local law enforcement agencies in youth activities. He has also been involved in the Feed the Hungry Program in Atlanta, Georgia, and the Carrie Steele Pitts and Florence Crittendon Orphanages where he provides counsel to the children as well as taking them on their holiday shopping spree. He participates with libraries that sponsor special occasions such as Black History observances, and he is a life member of the NAACP.
Judge Brady is the author of A Certain Blindness, a book chronicling his family's history as a prototype of other African-American families' quest for the Promise of America. It is - as the critics write - a compelling read.
Allow me to share his closing paragraph with you. Writing about the issue of racial justice, Judge Brady concludes his work with this provocative insight:
The question remains whether America will prove capable of solving this dilemma it has created. Nothing less than a complete resurrection of the constitution's preamble to "establish justice" will solve America's problem. This principle must now be used to redress the inequities and produce a system that gives no preference according to color. Justice must become the overriding concern, justice that, in the words of Harvard Professor John Rawls, is the first virtue of social institutions and human activities, for justice "does not allow that the sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by many."
I had the opportunity to first meet Judge Brady and his lovely wife last January. As we spoke, i quickly discerned the uncommon combination of intellect and gentleness he possesses. Equally obvious was his strength of character and his commitment of purpose. Those traits have enabled Judge Brady to achieve a record of accomplishments and honors that should inspire us all.
All of us at the School of Law are proud indeed to call Judge Brady one of our own. You should be especially proud that you selected him to be your commencement speaker. You could not have a more appropriate individual to deliver the final commencement address this year when all eyes are on Topeka, Kansas.
Please welcome Judge Paul L. Brady!
Commencement Address Honorable Paul L. Brady
Good evening, President Farley, Dean Honabach, honored guests, faculty, graduates, students, and friends.
It is a great privilege to be back at Washburn and I deeply appreciate the honor conferred on me. I am truly humbled by this very special recognition.
I am also honored by you, Class of 2004, for inviting me to make a few remarks on this memorable occasion. Nearly 50 years ago, when I sat where you are sitting, I could not have imagined I would be standing here before you. I thank you.
This is your day and you have earned it. We celebrate your achievement and rejoice in the promise for the future that your graduation represents.
It is significant that you begin your careers in the law at the time Washburn celebrates 100 years of excellence in legal education and at a time that marks the 50th anniversary of the Supreme Court decision in Brown v. Board of Education of Topeka. The decision which was a momentous event in the history of American law remains an enduring symbol of equality and the law.
It is, therefore, fitting that at this time we re-affirm our commitment to equal justice under the law and reflect on the promise of the Brown decision, one of the most important rulings ever made by the Supreme Court.
Today, it is difficult to understand how life was for many of us 50 years ago. Furthermore, it is hard to imagine that in America, a Supreme Court decision allowing our children, black and white, to attend public school together on an equal basis, should be so remarkable, to have such a far reaching effect, and also to be so controversial.
Many years ago, the late Chief Justice Earl Warren, who, of course, wrote the decision, told me, the decision probably spawned more litigation than any other Supreme Court decision in our history. I have no doubt Justice Warren was right.
The decision has been highly scrutinized; the subject of considerable debate, and continues to generate much discussion.
I will not add to the commentary but share with you some of my background and personal experiences in the context of Brown, before and after the decision: a perspective of its impact on real people to achieve better lives, consistent with the promise of America.
The artificial distinction between color and equality under the law has been contrary to the promise of America from the beginning. My own family background most clearly exemplifies this basic contradiction. I am the great grandson of a white slave owner and the grandson of black slaves.
For me, personally, like America, the confusion and frustration with color has existed from the beginning. The official record of my birth identifies me as a white male. Years later, my application for a passport was summarily denied because of the discrepancy between my picture ID and birth certificate. I take some credit for helping the Federal government change its identification policy.
During my early years, growing up in Michigan, I had no reason to believe I was any different from my many white friends because of my color.
At home and in school, I learned the importance of being a good citizen, beginning with deep respect for the law. Patriotism was ingrained, and each school day began with the Pledge of Allegiance. I recall how proud I was to recite the cherished principles of the Declaration of Independence and the stirring words of the Gettysburg Address.
We were taught to emulate our regional heroes like Henry Ford and Thomas Edison, because in America, we could be all we would want to be.
As I grew older, I learned more and more about an America different from the one I had been taught. By the time I reached high school, WWII was underway and military service was a certainty. But, I also faced a dilemma. While I wanted to do my part, I was not willing to accept the humiliation and abuse heaped on black servicemen. There were housed in segregated areas, often isolated, and provided facilities inferior to their white counterparts. Their opportunities were limited and even prisoners of war were granted privileges not accorded to our own men. Off base, prisoners could go places where a black serviceman's mere presence would result in immediate arrest. Such was the state of enforced segregation.
Shortly before finishing high school, the Navy announced it was abolishing its policy of segregated training and assignments. Upon graduation, I enlisted with the promise of attending a machinist school. Contrary to the new policy, I was denied machinist training and told the only school available to me was in the Steward's branch. This is where black sailors were previously assigned to serve officers and maintain their living quarters. I, of course, refused.
Being the only black recruit in my company of 150 men in boot camp, posed no particular problems, and I became a squad leader. At the end of our training, we earned a day off to visit historic Williamsburg, Virginia, which was nearby. We are excited about the prospect of enjoying a favorite meal and shopping for gifts and souvenirs. On the morning of the trip, I was called before an officer who informed me that "as a Negro" I could not be served in the shops and restaurants of Williamsburg. Needless to say, I did not go on the trip.
A short time later, I was assigned a ship stationed at Norfolk, Virginia. On one occasion, after a visit to the segregated USO in town, I decided to take a streetcar downtown and remain aboard, assuring myself a seat on its return to the naval station. As we approached the downtown section, two police officers came aboard and asked me where I was going. After I explained what I planned to do, they said it would be all right this time if I did not get off, "as niggers are not allowed downtown after 10:00 p.m."
In time, as I became more vocal about racial unfairness, in view of my background, I was unaware of my vulnerability and the price to be paid for such openness. Before my enlistment was over, I was convicted in a court martial for an offense I did not commit. Still in my teens, I came to understand that so much I had learned about America simply did not apply to me.
Returning home, after being denied several attempts to advance myself, I decided on a new life in California. En route, I stopped here in Topeka to visit relatives. Knowing it was a low point in my life and believing no good would come from my move to California, my aunt and uncle began a strong campaign for me to move to Topeka and enroll in Washburn. My aunt proudly pointed out Washburn's long history of admitting black students, and it was within walking distance of their home.
I never finished that trip to California and years later my aunt remarked, "If Paul had gone to California, he might have gone the wrong way. This was the turning point."
I would add, and say like many others, that deciding to attend Washburn was one of the best decisions I ever made.
When I arrived in Topeka, my Aunt Lucinda Todd was engaged in a personal fight against discrimination in the public schools. When she realized her daughter, Nancy, had a talent for music, she inquired whether music instruction was provided in the schools. She was informed that such instruction was provided in the white schools but not in the black schools because "colored folks" did not want music instruction for their children. She took her case to the school board and won. (Nancy, of course, participated in the program and eventually earned a degree in music from the University of Kansas.)
Following her personal victory, my aunt helped spearhead an attack against discriminatory policies throughout the Topeka school system. The school case began through the efforts of a small but determined group that met in my aunt's home. (She and Nancy were the first to step forward as plaintiffs in the legal action that became the Brown case in Topeka.)
In commencing the 35th anniversary of Brown, an editorial in the Topeka-Capital Journal began (I quote) - "At Lucinda Todd's dining room table, a strategic decision was made that literally rewrote a section of the U.S. Constitution."
I sat in on most of those early meetings, and highly impressed with the dedication of the small group, I joined their cause. Being part of an effort to right a terrible wrong, I was inspired to become a lawyer. Lingering in my mind was the painful experience I had with the law less than 3 years before.
I was here in law school when the decision was handed down. It was a time of great joy and elation-a new day. The future appeared bright with the concept of equality as a self-evident truth written into law.
I joined with the NAACP and others in adopting the motto "free by 63." We sincerely believed that all vestiges of racial discrimination would be wiped out in America by the Centennial of the Emancipation Proclamation. We mistakenly assumed, however, that with the outlawing of legally enforced segregation of the races, respect for the rule of law, American values and sense of fair-play would prevail over the practice of racial discrimination.
In the aftermath of Brown, and in spite of bitter hostility and open defiance of the law in some parts of the country, the Federal government made a serious effort to achieve racial equality. There was talk of a re-birth of America and a second reconstruction. Civil Rights legislation, Supreme Court decisions, and other measures were taken to ensure the equality of black citizens whose basic rights had been denied for generations.
With part of the focus on government discrimination, the government's own policies were revealed. The Federal Power Commission, as well as many other regulatory agencies and some departments of government had never employed any black attorneys, or black professionals for that matter. Thus, with my appointment as an attorney with the Federal Power Commission, I was a direct beneficiary of the government's commitment and provided a chance to reap privileges and benefits previously reserved for white Americans. I remain grateful to all those who helped change America to make that opportunity possible. I am also grateful to Washburn where I received the preparation that was so vital for the measure of success I have known.
Unfortunately, any semblance of a second reconstruction soon began to fade. The government, including the Supreme Court, began to shift away from the promise of Brown and the lofty goal of full equality. By the 1980s the government appeared to be in full retreat. The Executive Branch sought to overrule a Supreme Court decision denying tax exemptions to schools that discriminated on the basis of race. There was evidence even the Justice Department itself moved to undermine Civil Rights laws. The Secretary of Education at the time stated, "The Justice Department was determined to weaken civil rights enforcement."
Any failure to vigorously enforce laws finally assuring racial equality signaled a return to the traditional way of applying laws that effectively restricted the rights and privileges of black citizens: a perpetuation of the unreasonable notion that application of equal standards to persons in unequal positions somehow yields equal justice.
During this period, some 40 years after my non-visit to Williamsburg, Virginia, I returned to attend a judicial conference. Of course, I could now be served in the finest restaurants and all the stores. Reflecting on the vast changes in America and my own life, I realized, however, some things had remained the same. Just as I was the lone black sailor in boot camp, and the only black attorney at the Power Commission, I was the only black judge attending the conference in Williamsburg.
The distance, and lack of understanding between black and white Americans, prompted me at this point to begin writing "A Certain Blindness." The title was taken from a lecture by William James entitled "A Certain Blindness in Human Beings." Professor James spoke of the inability of some persons to consider the feelings, values and worthiness of others. For my purposes, I showed that most Americans of various backgrounds have consistently failed to see African-Americans as they see themselves but are seen as somehow less worthy and not fully entitled to the promise of America.
The legal profession, of course, is not responsible for the basic injustice in our society. But we must have a social conscience in wielding the exclusive power we have over the lives of others. And, we are charged with the specific responsibility to promptly and effectively implement the principle of equal justice under the law.
Far too often over these past 50 years, our profession has stood aside from its responsibility and the rule of law has suffered.
In 1956, the year I finished law school, a lawsuit was filed in Baton Rouge, Louisiana, on the simple plea of black children to "enroll, enter, attend classes and receive instruction in public schools on a non-segregated and non-discriminatory basis." A final decree in that case was entered last year.
I urge you, Class of 2004, to take your professional oaths with the utmost seriousness and as officers of the court, act courageously to advance the law and the cause of justice. In the words of Justice Cardozo: "not merely the justice that one receives when his rights are determined by the law as it is, but the justice to which the law in its making should conform."
You are exceptional people who have extraordinary talents and abilities. Use your education and talents to have an exceedingly meaningful life in the law. Not only to realize your personal ambitions, but also to benefit others and contribute to a more fair and just society.
Washburn, as it celebrates 100 years of excellence in legal education, has done all it can to make you good lawyers, good professionals, the type we can all be proud of. The rest is up to you.
