Law To Fact

Restorative Justice: Securing Posthumous Bar Admissions

March 19, 2021 Professor Leslie Garfield Tenzer
Law To Fact
Restorative Justice: Securing Posthumous Bar Admissions
Chapters
Law To Fact
Restorative Justice: Securing Posthumous Bar Admissions
Mar 19, 2021
Professor Leslie Garfield Tenzer

In this episode...

I speak with Judge, Attorney, Historian, and Prof. John Browning about righting historic wrongs.    Prof. Browning has dedicated the past few years correcting the racial wrongs of State Bars.  Last year, he secured admission for an African American man who aspired to be a lawyer in the 1880s but was denied bar admission because of his race.  He is currently petitioning the New York State Bar to admit Ely S. Parker, a Native American War hero and the First Commissioner of Native American Affairs.

Some Key Takeaways...

 1. State Supreme Courts have only awarded six posthumous bar admissions for those denied admission based on race.
2. Of the 6 posthumous admissions to date, 3 were Asian American men, and 3 were African American.
3. Asian Americans were prevented from becoming lawyers based on federal laws like the Chinese Exclusion Act, while African Americans were discriminated against based on specific laws in states like California and Maryland that barred Blacks from becoming lawyers, as well as by systemic racism.
4. Due to the lack of scholarship into this area and difficulties in locating documentary evidence of such exclusions, no one knows how many aspiring attorneys of color were prevented from entering the legal profession 

About our guest...
John Browning is a partner at the PlanoTexas office of   Spencer Fane LLP, an Adjunct Professor of Law at Southern Methodist University Dedham School of Law and a former justice on Texas’ Fifth Court of Appeals. The author of five law books and 40 academic articles, Justice Browning is a nationally-recognized thought leader at the intersection of technology and the law whose work has been cited as authority by courts in California, New York, Texas, Florida, Illinois, Tennessee, Maryland, Washington, D.C., and Puerto Rico. He is also a respected legal historian, particularly in the areas of African American and Native American legal history.

If you would like to contact Prof. Browning regarding his work you may reach him at [email protected]

Law to Fact is a podcast about law school for law school students.  As always if you  if you have any suggestions for an episode topic concerning any matter related to law school, please let us know! You can email us at [email protected] or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on your favorite podcast platform.

This episode is sponsored by Kaplan Bar Review.  Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100. Visit kaplanbarreview.com today to sign up. 

Show Notes

In this episode...

I speak with Judge, Attorney, Historian, and Prof. John Browning about righting historic wrongs.    Prof. Browning has dedicated the past few years correcting the racial wrongs of State Bars.  Last year, he secured admission for an African American man who aspired to be a lawyer in the 1880s but was denied bar admission because of his race.  He is currently petitioning the New York State Bar to admit Ely S. Parker, a Native American War hero and the First Commissioner of Native American Affairs.

Some Key Takeaways...

 1. State Supreme Courts have only awarded six posthumous bar admissions for those denied admission based on race.
2. Of the 6 posthumous admissions to date, 3 were Asian American men, and 3 were African American.
3. Asian Americans were prevented from becoming lawyers based on federal laws like the Chinese Exclusion Act, while African Americans were discriminated against based on specific laws in states like California and Maryland that barred Blacks from becoming lawyers, as well as by systemic racism.
4. Due to the lack of scholarship into this area and difficulties in locating documentary evidence of such exclusions, no one knows how many aspiring attorneys of color were prevented from entering the legal profession 

About our guest...
John Browning is a partner at the PlanoTexas office of   Spencer Fane LLP, an Adjunct Professor of Law at Southern Methodist University Dedham School of Law and a former justice on Texas’ Fifth Court of Appeals. The author of five law books and 40 academic articles, Justice Browning is a nationally-recognized thought leader at the intersection of technology and the law whose work has been cited as authority by courts in California, New York, Texas, Florida, Illinois, Tennessee, Maryland, Washington, D.C., and Puerto Rico. He is also a respected legal historian, particularly in the areas of African American and Native American legal history.

If you would like to contact Prof. Browning regarding his work you may reach him at [email protected]

Law to Fact is a podcast about law school for law school students.  As always if you  if you have any suggestions for an episode topic concerning any matter related to law school, please let us know! You can email us at [email protected] or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on your favorite podcast platform.

This episode is sponsored by Kaplan Bar Review.  Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100. Visit kaplanbarreview.com today to sign up.