The Role of the Legal Services The Role of the Legal Services Advocate in the 21Advocate in the 21stst CenturyCenturyAdvocate in the 21Advocate in the 21 CenturyCentury

john a. powelljohn a. powellDirector Kirwan Institute for the Study of Race and EthnicityDirector Kirwan Institute for the Study of Race and EthnicityDirector, Kirwan Institute for the Study of Race and EthnicityDirector, Kirwan Institute for the Study of Race and EthnicityWilliams Chair in Civil Rights & Civil Liberties, Moritz College of LawWilliams Chair in Civil Rights & Civil Liberties, Moritz College of Law

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Detroit Legal Aid and Defender Association

January 14, 2009

The Role of a LawyerThe Role of a LawyerThe Role of a LawyerThe Role of a Lawyer

Advocate onAdvocate onAdvocate on Advocate on behalf of the behalf of the clients in theclients in theclients in the clients in the community.community.

This is dictated This is dictated b th d fb th d fby the needs of by the needs of the community.the community.

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But the world is changing . . . But the world is changing . . . communities are changingcommunities are changing

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Detroit is ChangingDetroit is ChangingDetroit is ChangingDetroit is Changing

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About one-third of the city lies empty and unused.

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What is the Role of Legal Services What is the Role of Legal Services S ?S ?in Society?in Society?

What does globalization mean for Legal Services?What does globalization mean for Legal Services?

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What does globalization mean for Legal Services?What does globalization mean for Legal Services?

What happen in Detroit can affect What happen in Detroit can affect the world . . . the world . . .

. . . And what happens in the world affects Detroit. . . And what happens in the world affects Detroit

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. . . And what happens in the world affects Detroit. . . And what happens in the world affects Detroit

Nothing/No one exists in a vacuumNothing/No one exists in a vacuumNothing/No one exists in a vacuumNothing/No one exists in a vacuum

But we act on the assumption thatassumption that everything can be separated, i l t d disolated, and fixed or changed out of context.

88Photo from http://www.experientia.com

Law is SegmentedLaw is SegmentedLaw is SegmentedLaw is Segmented

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Our Ways of Viewing Problems are Our Ways of Viewing Problems are SSSegmentedSegmented

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We segment race and classWe segment race and classWe segment race and classWe segment race and class

It is easier to call something a classIt is easier to call something a classIt is easier to call something a class It is easier to call something a class problem than a race problem.problem than a race problem.

We still view racism as individual, and We still view racism as individual, and i l di itii l di iti if t ll d lif t ll d lracial disparities racial disparities –– if not called class if not called class

disparities disparities –– would implicate society as would implicate society as i h tl ( d i l i t)i h tl ( d i l i t)inherently (and consciously racist). inherently (and consciously racist).

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The problems clients face are not The problems clients face are not always segmentablealways segmentable

Is this:

• A credit issue?• A credit issue?

•Neighborhood disinvestment?

Th lt f b i l ?•The result of a subprime loan?

•Reverse redlining?

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Sometimes “problems” are symptoms of a larger structure

Poverty is one part of the problem, Poverty is one part of the problem, ffand the part most often highlightedand the part most often highlighted

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But Race MattersBut Race MattersBut . . . Race MattersBut . . . Race Matters•• Two thirds of black childrenTwo thirds of black children born from 1985 born from 1985

through 2000 were raised in neighborhoods with through 2000 were raised in neighborhoods with at least a 20 percent poverty rate, compared at least a 20 percent poverty rate, compared with justwith just 6 percent of white children6 percent of white childrenwith just with just 6 percent of white children6 percent of white children..

•• Half of black childrenHalf of black children born between 1955 andborn between 1955 and•• Half of black childrenHalf of black children born between 1955 and born between 1955 and 1970 in families with incomes of $62,000 or 1970 in families with incomes of $62,000 or higher in today's dollars grew up in highhigher in today's dollars grew up in high--poverty poverty neighborhoods. But neighborhoods. But virtually no white middlevirtually no white middle--income children grew up in poor areasincome children grew up in poor areas. .

1414Source: The Pew Charitable Trusts Economic Mobility Project

Opportunity is RacializedOpportunity is Racializedpp ypp y

Lower Educational

SchoolSegregation &Concentrated

•• In In 19601960, African, African--American families in American families in poverty werepoverty were 3 8 timestimes OutcomesConcentrated

Povertypoverty were poverty were 3.8 times times more likely to be more likely to be concentrated in highconcentrated in high--

t i hb h dt i hb h dpoverty neighborhoods poverty neighborhoods than poor whites.than poor whites.

Increased Flight

of Affluent Neighborhood Segregation•• In In 20002000, they were , they were 7.3

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Families000000, t ey e e, t ey e e 3

times more likely.times more likely.

Opportunity is Opportunity is SpatializedSpatializedSpatialized Spatialized

Structural racialization involves a series of exclusions, often anchored in (and perpetuating) spatial segregationspatial segregation.

Historically marginalized people of color and the very poor have been spatially isolated from opportunity via reservations, Jim Crow, , ,Appalachian mountains, ghettos, barrios, and the culture of incarceration.

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incarceration.

We are situated in different environments and contextsenvironments and contexts

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Th Ch llTh Ch llThe ChallengeThe ChallengeTh h ll f d b D t it tTh h ll f d b D t it tThe challenges faced by Detroit are not The challenges faced by Detroit are not entirely unique. entirely unique.

Geography: What Detroit is facing is part of a largerGeography: What Detroit is facing is part of a larger–– Geography: What Detroit is facing is part of a larger Geography: What Detroit is facing is part of a larger phenomena impacting the “rust belt” and other phenomena impacting the “rust belt” and other Midwestern states. Midwestern states.

Population loss: aging population, “brain drain” of the young and Population loss: aging population, “brain drain” of the young and educated, central city population losseducated, central city population lossEconomic transition and job lossEconomic transition and job loss

ffRegional fragmentationRegional fragmentationTremendous segregationTremendous segregationSprawl and urban declineSprawl and urban decline

181818The Core “Rust Belt” Region

What Causes these What Causes these Ch ll ?Ch ll ?Challenges? Challenges?

Structural InequalityStructural Inequalityq yq y•• Equity Requires looking Equity Requires looking

at Structuresat Structures

•• Different communities are Different communities are situated differently with situated differently with regards to institutionsregards to institutions

•• Institutions mediate Institutions mediate opportunityopportunity

•• Structural InequalityStructural Inequality–– Example: a Bird in a cage. Example: a Bird in a cage.

Examining one wire cannot Examining one wire cannot explain why a bird cannot explain why a bird cannot fl B t lti l ifl B t lti l i

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p yp yfly. But multiple wires, fly. But multiple wires, arranged in specific ways, arranged in specific ways, reinforce each other and reinforce each other and trap the bird.trap the bird.

Structural RacializationStructural RacializationContext: The Dominant Consensus on RaceContext: The Dominant Consensus on Race

White privilege National values Contemporary culture

Current Manifestations: Social and Institutional DynamicsCurrent Manifestations: Social and Institutional DynamicsCurrent Manifestations: Social and Institutional DynamicsCurrent Manifestations: Social and Institutional DynamicsProcesses that maintain racial

hierarchiesRacialized public policies and

institutional practices

Outcomes: Racial DisparitiesOutcomes: Racial DisparitiesRacial inequalities in current levels of C it f i di id l d itRacial inequalities in current levels of

well-beingCapacity for individual and community

improvement is undermined

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Ongoing Racial InequalitiesOngoing Racial Inequalities

Adapted from the Aspen Roundtable on Community Change. “Structural Racism and Community Building.”  June 2004

System InteractionsSystem InteractionsSystem InteractionsSystem Interactions

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Source: Barbara Reskin. http://faculty.uwashington.edu/reskin/

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The Cumulative Impacts of Spatial, Racial The Cumulative Impacts of Spatial, Racial andandand and

Opportunity SegregationOpportunity SegregationSegregation impacts a number of lifeSegregation impacts a number of life--opportunitiesopportunities

School SegregationSchool Segregation

Impacts on Educational AchievementImpacts on Educational Achievement

Impacts on HealthImpacts on Health

Impacts on Educational AchievementImpacts on Educational Achievement

Exposure to crime; arrestExposure to crime; arrest

Transportation limitations and otherTransportation limitations and other

Neighborhood Neighborhood Job segregationJob segregation

Transportation limitations and other Transportation limitations and other inequitable public servicesinequitable public services

SegregationSegregationRacial stigma, other Racial stigma, other

psychological impactspsychological impacts

Impacts on community power andImpacts on community power and

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Impacts on community power and Impacts on community power and individual assetsindividual assets

Adapted from figure by Barbara Reskin at: http://faculty.washington.edu/reskin/

The Importance of PlaceThe Importance of Place::W ll li i t it t t ll d “W ll li i t it t t ll d “ i hb h di hb h d ””We all live in opportunity structures called “We all live in opportunity structures called “neighborhoodsneighborhoods””

A Tale of High and Low Opportunity StructuresA Tale of High and Low Opportunity Structures

•• Less the 25% of students in Detroit Less the 25% of students in Detroit finish high schoolfinish high school •• The year my step daughter finished The year my step daughter finished

high school, 100% of the students high school, 100% of the students

Low OpportunityLow OpportunityLow OpportunityLow Opportunity High OpportunityHigh OpportunityHigh OpportunityHigh Opportunity

•• More the 60% of the men will spend More the 60% of the men will spend time in jailtime in jail

g ,g ,graduated and 100% went to graduated and 100% went to collegecollege

•• There may soon be no bus service in There may soon be no bus service in some areassome areas

•• It is difficult to attract jobs or privateIt is difficult to attract jobs or private

•• Most will not even drive by a jailMost will not even drive by a jail

•• Free bus serviceFree bus service•• It is difficult to attract jobs or private It is difficult to attract jobs or private

capitalcapital

•• Not safe; very few parksNot safe; very few parks

•• Relatively easy to attract capitalRelatively easy to attract capital

2323•• Difficult to get fresh food Difficult to get fresh food

•• Very safe; great parksVery safe; great parks

•• Easy to get fresh foodEasy to get fresh food

What can we do?What can we do?What can we do?What can we do?

When tackling large When tackling large societal problems, such societal problems, such as spatial inequality, Our as spatial inequality, Our traditional strategies traditional strategies seek to remedy a singleseek to remedy a singleseek to remedy a single seek to remedy a single cause of disadvantage, cause of disadvantage, whereas urban inequalitywhereas urban inequalitywhereas urban inequality whereas urban inequality is fueled by a system of is fueled by a system of interactive factors.interactive factors.

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So how can we approach these So how can we approach these ??structural problems?structural problems?

Is this:

• A credit issue?• A credit issue?

•Neighborhood disinvestment?

Th lt f b i l ?•The result of a subprime loan?

•Reverse redlining?

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Let’s look at the structure . . .

Credit finance underwent a Credit finance underwent a changechangechange…change…

Pre Depression:

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pThe Two Party Housing Market

Party 1 Seller

Party 2

The Post Depression FHA Era: Th Th P t M t M k t

Homebuyer Seller (and/or)

Lending Institution

The Three Party Mortgage Market

Party Party Party

Homebuyer

y1 Lending

Institution

y2 Government

Sponsored Institution

purchases, insures or

y3

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underwrites loan

Based on research by Chris Peterson, University of Utah Law School

aa transformativetransformative changechange…a …a transformativetransformative changechange

The web of actors and institutions involved in the sub-prime lending market

Created by Chris Peterson Peterson, University of Utah Law School

2727What can we do? How do we look for solutions?

The Danger of UniversalismThe Danger of UniversalismThe Danger of UniversalismThe Danger of UniversalismUniversal programs do not t t i li dtarget marginalized groups when distributing benefits or burdens.

These programs are often racially disparate in effect.

Social Security is a universal program that distributes

lunevenly.

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the need for systems thinkingthe need for systems thinkingthe need for systems thinkingthe need for systems thinking

At i ti SystemicAtomisticThe problem:  bad apples

SystemicThe problem:  poisonous tree

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An analysis of any one area will yield an 

Childcare Employment

Healthincompleteunderstanding.

Housing

Ed tiEffectiveWemust consider how Education

Transportation

Effective Participation

We must consider how institutions interact with one another to produce racialized 

outcomes.

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Systems ThinkingSystems ThinkingSystems Thinking Systems Thinking

From a systems perspective causationFrom a systems perspective causationFrom a systems perspective, causation From a systems perspective, causation is is cumulative and mutual.cumulative and mutual.

––Outcomes are caused by many actors’ Outcomes are caused by many actors’ and institutions’ actions and inactionsand institutions’ actions and inactionsand institutions actions and inactions and institutions actions and inactions over time and across domainsover time and across domains

––Outcomes are the result of causes that Outcomes are the result of causes that accumulate over time and acrossaccumulate over time and across

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accumulate over time and across accumulate over time and across domains.domains.

Linked Fates…Linked Fates…Transformative ChangeTransformative ChangeTransformative ChangeTransformative Change

Our fates are linked yet our fates have beenOur fates are linked yet our fates have beenOur fates are linked, yet our fates have been Our fates are linked, yet our fates have been socially constructed as disconnected socially constructed as disconnected (especially through the categories of class(especially through the categories of class(especially through the categories of class, (especially through the categories of class, race, gender, etc.).race, gender, etc.).

–– We need socially constructed “bridges” to We need socially constructed “bridges” to t f i tt f i ttransform our society.transform our society.

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–– Conceive of an individual as connected toConceive of an individual as connected to——instead of isolated frominstead of isolated from——“thy neighbor.”“thy neighbor.”

Linked Fates…Transformative ChangeLinked Fates…Transformative Change

Tension is dynamic and positive (constitutive).Tension is dynamic and positive (constitutive).y p ( )y p ( )

The situated nature/essence of the Self (and its The situated nature/essence of the Self (and its multiplicity):multiplicity):multiplicity):multiplicity):–– Social justice (external)Social justice (external)–– Spirituality (internal)Spirituality (internal)Spirituality (internal)Spirituality (internal)

We are the same and different. Because we are We are the same and different. Because we are h di l i ibl Bh di l i ibl Bthe same, dialogue is possible. Because we are the same, dialogue is possible. Because we are

different, dialogue is necessary.different, dialogue is necessary.

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Linked Fates…TransformativeLinked Fates…Transformative ChangeChange

“…suffering is a central concern of social justice as well as “…suffering is a central concern of social justice as well as f th f d ti i ti i it lit t l if th f d ti i ti i it lit t l ione of the foundations animating spirituality…not only is one of the foundations animating spirituality…not only is

there a relationship between spirituality and social justice there a relationship between spirituality and social justice but that this is a recursive relationship that runs in both but that this is a recursive relationship that runs in both directions The insubstantial nature of the self cut off fromdirections The insubstantial nature of the self cut off fromdirections…The insubstantial nature of the self cut off from directions…The insubstantial nature of the self cut off from a more substantial source and its final demise is the heart a more substantial source and its final demise is the heart of spiritual suffering…[Social/surplus suffering] is the result of spiritual suffering…[Social/surplus suffering] is the result of social arrangements and as a result, it can be madeof social arrangements and as a result, it can be madeof social arrangements and as a result, it can be made of social arrangements and as a result, it can be made better or worse by these arrangements. Social practices better or worse by these arrangements. Social practices currently institutionalize power which causes subjugation currently institutionalize power which causes subjugation and suffering that need not exist. While all of us are and suffering that need not exist. While all of us are

bj t t i t ti l ff i i l ff i i i it dbj t t i t ti l ff i i l ff i i i it dsubject to existential suffering, social suffering is visited on subject to existential suffering, social suffering is visited on different people to varying degrees.”different people to varying degrees.”

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-- john a. powelljohn a. powell

Systems FatigueSystems FatigueSystems FatigueSystems Fatigue

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In the past 5 yearsIn the past 5 yearsIn the past 5 years . . . In the past 5 years . . .

3636The world has turned upside downThe world has turned upside down

It can be doneIt can be doneIt can be doneIt can be done

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Opportunity MapsOpportunity MapsOpportunity MapsOpportunity Maps

Massachusetts LegalMassachusetts LegalMassachusetts Legal Massachusetts Legal Services employed the Services employed the use of “opportunity use of “opportunity maps” to visualize the maps” to visualize the local problems faced local problems faced b th i li t hb th i li t hby their clients such as by their clients such as access to jobs, access to jobs, healthful foodhealthful foodhealthful food, healthful food, transportation, and transportation, and good schools. good schools.

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gg

Systemic Legal AdvocacySystemic Legal AdvocacySystemic Legal AdvocacySystemic Legal Advocacy

In Seattle, Columbia Legal Services In Seattle, Columbia Legal Services , g, gprogram dealing with homeless youths has program dealing with homeless youths has moved from individual representation to the moved from individual representation to the more holistic more holistic systemic advocacy: legislative advocacy, litigation, and community developmentdevelopment.

See “From Street Lawering to Systemic Lawyering: Meeting the

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See, From Street Lawering to Systemic Lawyering: Meeting the Basic Needs of Unaccompanied and Homeless Youth Through Systemic Legal Advocacy" by Casey Trupin and Richard A. Wayman, first published in Clearinghouse Review, July-August 2005.

Systems Advocacy in Action:Systems Advocacy in Action:Thompson v HUDThompson v HUD::Thompson v. HUDThompson v. HUD: : Proposed remedyProposed remedy

–– Baltimore: Lagging in a growth Baltimore: Lagging in a growth region (Maryland’s DC Counties region (Maryland’s DC Counties

t k i ith tht k i ith thare not keeping pace with the are not keeping pace with the rapid job growth in Virginia’s rapid job growth in Virginia’s Counties) Counties)

–– KI submitted expert reports in KI submitted expert reports in p pp pboth the liability and the remedy both the liability and the remedy phases of the litigation, on behalf phases of the litigation, on behalf of plaintiffsof plaintiffs

–– Used GIS to analyze currentUsed GIS to analyze currentUsed GIS to analyze current Used GIS to analyze current conditions of segregated public conditions of segregated public housing (liability phase) and housing (liability phase) and frame solutions for frame solutions for desegregation (remedy phase)desegregation (remedy phase)

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desegregation (remedy phase) desegregation (remedy phase) in a regional contextin a regional context

Sytems Advocacy in Action:Sytems Advocacy in Action:Sytems Advocacy in Action:Sytems Advocacy in Action:NYTimes Article, January 14NYTimes Article, January 14thth, 2009:, 2009:, y, y ,,–– Justice Dept. Fights Bias in Lending Justice Dept. Fights Bias in Lending –– WASHINGTON WASHINGTON —— The Justice Department is The Justice Department is

beginning a major campaign against banks andbeginning a major campaign against banks andbeginning a major campaign against banks and beginning a major campaign against banks and mortgage brokers suspected of discriminating against mortgage brokers suspected of discriminating against minority applicants in lending, opening a new front in minority applicants in lending, opening a new front in th Ob d i i t ti ’ t thth Ob d i i t ti ’ t ththe Obama administration’s response to the the Obama administration’s response to the foreclosure crisis.foreclosure crisis.

“We are looking at any and every practice in “We are looking at any and every practice in g y y pg y y pthe industry,”the industry,” Mr. Perez said in a recent Mr. Perez said in a recent interview. interview.

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Transactional v. Transformative Transactional v. Transformative CCChangeChange

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How are Impact Projects How are Impact Projects f ?f ?Transformative?Transformative?

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For more information, please visit us online atFor more information, please visit us online atwww kirwaninstitute orgwww kirwaninstitute orgwww.kirwaninstitute.orgwww.kirwaninstitute.org

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