Article Title
Beyond Compliance: Unmasking the Gaps in ABA Standard 303© for Cultural Competency
Abstract
In the early weeks of the Fall 2023 semester at the University of Memphis Cecil C. Humphreys School of Law (“Memphis Law”), a few student leaders of the school’s Law Review worked together to construct a “trophy” to acknowledge the excellent Bluebook editing work done by Law Review staff each week. The “trophy” was made up of a football, a long black wig, big red lips, and was named “Sheila.” The trophy then sat on display for nearly two weeks in the Law Review suite until a few concerned Law Review members brought to the attention of leadership the resemblance of the trophy to blackface.2 While none of the individuals involved had any intention of creating something which such insensitive racial connotations, nevertheless, the creation of the trophy was an egregious oversight on the part of all involved to not recognize what the trophy resembled and the potential harm it could cause to members of Law Review. Both the Law Review leadership and the Dean of the law school issued apologies for the “creation, display, and digital sharing of a racist caricature” which was “extremely traumatic, offensive, and contrary to the core values of [the] law school.”3 I was one of the concerned Law Review members who brought Sheila’s offensive nature to the attention of the leadership of Law Review. As an African American woman, I have a deep understanding of minstrel shows, blackface, and its negative impact on the Black community.4 It is a part of American history that is deeply offensive and insensitive to the African American culture. So, it was disheartening to see that others were so unable to recognize that the “trophy” they were creating bore an uncanny resemblance to such a racist and offensive caricature. This incident prompted me to research the standards for cultural competency education at Memphis Law as I could not understand how, in the process of the trophy’s creation, none of my fellow Law Review members saw its racially offensive nature. While this incident directly impacted me during my time in law school, it is crucial to recognize that such occurrences are not unique to Memphis Law. Other law schools have faced similarly, if not more severe, offensive incidents involving students, professors, and administration.5 Marked by bias, racism, and cultural incompetence in higher education, these instances highlight the deficiencies in how law schools educate their students on these issues and how they can subsequently manifest in the legal community. Advocating for a robust and deliberate emphasis on cross-cultural competency and bias education becomes paramount because future members of the legal community will inevitably interact with a diverse array of clients, colleagues, peers, judges, and superiors. The legal field demands a high level of cultural awareness and sensitivity due to the broad spectrum of individuals involved in legal processes. Ensuring that law schools prioritize these traits is crucial not only for fostering a more inclusive and equitable practice but also for preparing graduates to navigate and contribute positively to the multifaceted legal environment they will encounter. This emphasis on cross-cultural competency is essential for promoting justice and fairness in a profession that operates at the intersection of diverse perspectives and experiences. To build on the necessity of cross-cultural competency and bias education in legal training, recent developments in accreditation standards underscore this imperative. The American Bar Association (“ABA”) revised the Standards of Approval for Law Schools to require law schools provide education on “bias, cross-cultural competency, and racism” once at the start of student’s legal education and once more before graduation.6 Culture refers to the shared beliefs, customs, values, and behaviors of a particular group, while cultural competence is the ability to effectively interact and communicate with individuals from diverse cultural backgrounds while respecting and understanding their perspectives.7 This Note asserts that the revised ABA Standard 303(c) incorporating education on these topics is insufficient and too vague to effectively cultivate cultural competency education for law students. I will discuss a resolution to the insufficiency by explaining that a new course requirement is necessary to truly address the goal of producing a new generation of cross-culturally competent lawyers. Part II defines culture and cultural competency and gives background knowledge on the importance of cultural competency in the legal profession. Part III examines the ways in which ABA Standard 303(c) is insufficient in directing law schools on teaching cultural competency. Part IV presents a resolution to the insufficiency of Standard 303(c) by proposing that the Standard must require that cultural competency training be a course requirement and learning outcome for law schools.