By Patrick Price, Government Practice Section Executive Committee
There are generally two types of responses to problems: remedial responses that address the symptoms of a problem and structural responses that try to address root causes. For example, there may be a lack of diversity on panels and commissions. A remedial response would be to appoint new members to such groups. A structural response would be to identify and address any systemic reasons that caused a lack of diversity in the first place (for example, structural barriers to entry, inadequate member pipeline, lack of education about opportunities, etc.) While a remedial response might alleviate the immediate symptoms, concerns will continue to persist as long as the structural problems remain.
For example, there were concerns about racial and ethnic diversity at Yale Law School while I attended there. The primary responses from the university appeared to be setting admission targets for different groups achieved through adjusting admission standards. There did not appear to be corresponding efforts to expand the pool of potential applicants by reaching out to underutilized areas, such as historically black colleges and universities, to promote the law school and explain what makes a successful application. As a result, the minority students at the law school almost entirely came from Ivy League or other elite undergraduate institutions and the areas which had historically been underutilized remained underutilized.
Maximum long-term impact comes from easing structural impediments that disproportionately impact the poor and disadvantaged, reduce their opportunities, and keep them in disadvantaged positions.
As we look to address DEI issues, we should all strive to identify and remedy systemic barriers rather than just applying band-aid solutions.
If you would like to submit content or write an article for the Government Practice Section, please email Kara Sikorski at ksikorski@indybar.org.
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