Emails

Prof. Randall:

Your statistics are important to show the inequality of law school
admissions rates, but your tone is offensive. You also insult those
South Africans who suffered under apartheid by demeaning their anguish.
I would suggest that you send these statistics to the Deans of Admission
at the below-named law schools, instead of fostering resentment and
breeding hate by sending this out to minority interest groups--do you
think that they need another reason to hate white folk? You achieve
nothing by acting in this way, except contempt for your methods.

Laura M. Trachtman
J.D. Candidate
Boalt Hall, School of Law
Class of 2006

Short Series of Correspondence from W. Mike Hill, II

Professor Randall,

As a student member of the American Bar Association, a current law student at a well-respected first-tier school of law, and an avid supporter of the freedom to disseminate information in every aspect and within each and every available methodology; I am disappointed with the "scholarship" of your work concerning the "Whiteness" of our nation's Law Schools. You are probably used to criticism within this aspect and have, through the use of your work, learned to grow "tough skin", so this letter directed towards this particular piece of scholarship should not be damning to your future interests.

One question that I ask myself is what does this particular piece of written work do to better or even aid in our understanding of the law or even how the law applies to society in any general aspect. My gut instinct (probably true) is that law professors, assumingly teachers by day and during the academic year but researchers at night and during the off-season, create VALID scholarship directed towards the betterment of the law community or to understand more in-depthly an individual area of law? Could you please tell me how this piece of work (The Whiteness of Law Schools) fulfills any prong of my initial question? I am curious to know, as well, if this piece of work has any academic merit behind the statistics? Possibly because of my Finance and Economics background, I am a bottom-line person. I like to see facts, statistics, and evidence relating to a certain problem, BUT ALSO see valid inferences drawn from this body of evidence. I see statistics, the conclusivity of these is liberally assumed, but nothing more. Would you care to elaborate on the significance of these statistics and draw inferences from them for me or would you like me to take the blind leap of faith off the academic apex of the Mountain of Knowledge? I am assuming the latter. I would possibly, but not at all wholeheartedly, take to this "study" a bit better if you tended to toss in de minimus ramblings or even some philosophical mumbo-jumbo concerning the idea of the law and how it relates to this particular matter. You give the readers of your article nothing and for that I appreciate such a waste of my valuable time!

This leads me to another question concerning the reputation of the University of Dayton School of Law. Is this the type of "scholarship" that flows from an institute whose main goal is teaching its students the nuts and bolts of everyday law? Maybe you, Professor Randall, are just an anomaly. I compared your research to those of your peers and noticed a horrid trend. Here is just a sampling of what your fellow academics in residence have published; BENDER; "Clash of the Titans: The Territoriality of Patent Law v. the European Union. PEREZ CRIST; The Internet: Strategies for Effective Use in Law Practice; BRENNER; State Cybercrime Laws: A Survey. Notice the trend in your fellow lecturers work; THEY ALL DEAL WITH THE SUBSTANTIVE LAW AND THE PRACTICE OF THE LAW. Now compare your own work to theirs: The Hollow Piercing Scream: An Ode for Black Faculty in the Tenure Canal; I am an Affirmative Action Baby!; On Obssessions or When Being Black is Not Enough. Where, in any of your work, does it benefit any individual trying to retain or comprehend information concerning a PARTICULAR SECTION of the law? I see many articles concerning you, as a person, but nothing that deals with THE LAW AS A FIELD! I didn't realize that boasting or "tooting your own horn" is tenure worthy of a law school professor? Assumingly, if I were a student in your class and needed to know the Black Letter Law, then I would have a terrible time of ascertaining such a task. On the other hand, if I wanted to understand YOU better as a person or to understand where you have come from (your past, your experiences, and your race) or what YOU think should go on in society, then I would be at an advantage. You seem to think that understanding someone is far better than the practice or teaching of law. I wholeheartedly disagree and believe a majority of your peers do as well.

The Bottom-Line of this email is that this particular piece of work is not scholarship in any sense. (Broadly and liberally inserting the word "SENSE") I see nothing in it that is praiseworthy or commendable. I see statistics, a race card, and nothing more. I fear that you care more about "rousing the general public" than you do about your general duties as a professor. There is nothing wrong with that FOR YOU, but there is something dangerously wrong with this for YOUR STUDENTS!

My one plea to you is that I would like you to defend yourself! I took the time to write to you concerning my opinions on your "work", now the least that you can do is reply with the "issues" that I have missed or how your "work" represents any type of scholarship. I would love to hear your response and await with baited breath.

Thank you for your time and your future response,

W. Mike Hill, II

----- Original Message -----

From: Vernellia.Randall@notes.udayton.edu

To: Mike Hill

Sent: Saturday, May 01, 2004 4:18 PM

Subject: Re: Perspectives on E-Report of the ABA

Dear Mike: Your long email revealing. Clearly my "study" struck a nerve with you; that you didn't read my study with anything close to an open mind or an attempt to understand because all the questions you want answered are discussed on my webiste; finally, you chose make inferences about me not only as a scholar but also as a teacher and none of your inferences can be supported by anything you read on my website.

As to my scholarship, below you will find a listing of the 13 law review articles that I have published, the 214 law reviews that have cited me in some way and the 7 court cases that have cited me. As a matter of point, I am one of the most published faculty member and one of three that have an international reputation.

I will not engage in a discussion with you about the points because you clearly were being rhetorical AND you show great distain for me as a person by engaging in ad homimum attack on me as a scholar and teacher with no real information about me.

Law Review Articles

		31 J.L. Med. & Ethics 45 Journal of Law, Medicine and Ethics Winter, 2003 Special Supplement PUBLIC HEALTH PREPAREDNESS AND THE LAW IN COMMUNITIES OF COLOR Vernellia R. Randall Glen Safford Walter W. Williams
		14 U. Fla. J.L. & Pub. Pol'y 45 University of Florida Journal of Law and Public Policy Fall, 2002 Article RACIAL DISCRIMINATION IN HEALTH CARE IN THE UNITED STATES AS A VIOLATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
		8 Wash. & Lee Race & Ethnic Anc. L.J. 7 Washington and Lee Race and Ethnic Ancestry Law Journal Spring, 2002 Article INTRODUCTION TO THE VIENNA DECLARATION AND PROGRAM OF ACTION Vernellia R. Randall
		16 T.M. Cooley L. Rev. 201 Thomas M. Cooley Law Review Trinity Term, 1999 Article INCREASING RETENTION AND IMPROVING PERFORMANCE: PRACTICAL ADVICE ON USING COOPERATIVE LEARNING IN LAW SCHOOLS DRAFT: May 25, 2000 Vernellia R. Randall
		29 U. Tol. L. Rev. 677 University of Toledo Law Review Summer, 1998 Proposed National Tobacco Settlement Symposium SMOKING, THE AFRICAN-AMERICAN COMMUNITY, AND THE PROPOSED NATIONAL TOBACCO SETTLEMENT Vernellia R. Randall
		7 Hastings Women's L.J. 133 Hastings Women's Law Journal Winter, 1996 THE HOLLOW PIERCING SCREAM AN ODE FOR BLACK FACULTY IN THE TENURE CANAL Vincene Verdun Vernellia Randall
		26 Cumb. L. Rev. 63 Cumberland Law Review 1995-1996 THE MYERS-BRIGGS TYPE INDICATOR, FIRST YEAR LAW STUDENTS AND PERFORMANCE Vernellia R. Randall
		26 Cumb. L. Rev. 121 Cumberland Law Review 1995-1996 A REPLY TO PROFESSOR WARD Vernellia R. Randall
		15 St. Louis U. Pub. L. Rev. 191 Saint Louis University Public Law Review 1996 Bioethics and Law Symposium Deconstructing Traditional Paradigms in Bioethics: Race, Gender, Class, and Culture SLAVERY, SEGREGATION AND RACISM: TRUSTING THE HEALTH CARE SYSTEM AIN'T ALWAYS EASY! AN AFRICAN AMERICAN PERSPECTIVE ON BIOETHICS Vernellia R. Randall
		26 Seton Hall L. Rev. 1069 Seton Hall Law Review 1996 Symposium on Consumer Protection in Managed Care SECTION 1115 MEDICAID WAIVERS: CRITIQUING THE STATE APPLICATIONS
		60 Brook. L. Rev. 167 Brooklyn Law Review 1994 Symposium DOES CLINTON'S HEALTH CARE REFORM PROPOSAL ENSURE [E]QUAL[ITY
		17 U. Puget Sound L. Rev. 1 University of Puget Sound Law Review Fall, 1993 MANAGED CARE, UTILIZATION REVIEW, AND FINANCIAL RISK SHIFTING: COMPENSATING PATIENTS FOR HEALTH CARE COST CONTAINMENT INJURIES
		3 Health Matrix 127 Health Matrix: Journal of Law-Medicine Spring, 1993 RACIST HEALTH CARE: REFORMING AN UNJUST HEALTH CARE SYSTEM TO MEET THE NEEDS OF AFRICAN-AMERICANS Vernellia R. Randall

Court Cases

Foley v. Southwest Texas HMO, Inc., 226 F.Supp.2d 886 (E.D.Tex. Jul 19, 2002) (NO. CIV.A. 1:01-CV-56)

John B. v. Menke, 176 F.Supp.2d 786 (M.D.Tenn. Dec 19, 2001) (NO. 3:98-0168)

National Asbestos Workers Medical Fund v. Philip Morris, Inc., 74 F.Supp.2d 221, RICO Bus.Disp.Guide 9775 (E.D.N.Y. Sep 07, 1999) (NO. 98 CV 1492, 98 CV 3287)

National Asbestos Workers Medical Fund v. Philip Morris, Inc., 74 F.Supp.2d 213, RICO Bus.Disp.Guide 9755 (E.D.N.Y. Aug 02, 1999) (NO. 98 CV 1492, 98 CV 3287)

Blue Cross and Blue Shield of New Jersey, Inc. v. Philip Morris, Inc., 36 F.Supp.2d 560, 1999-1 Trade Cases P 72,520, RICO Bus.Disp.Guide 9686, 23 Employee Benefits Cas. 2413 (E.D.N.Y. Mar 30, 1999) (NO. 98 CV 3287)

Long v. Great West Life & Annuity Ins. Co., 957 P.2d 823 (Wyo. Apr 20, 1998) (NO. 96-285)

Alaska State Com'n for Human Rights v. State, Dept. of Admin., 796 P.2d 458, 53 Fair Empl.Prac.Cas. (BNA) 828, 29 Wage & Hour Cas. (BNA) 1532, 54 Empl. Prac. Dec. P 40,181 (Alaska Jul 27, 1990) (NO. S-3013, 3619)

Citations (go to westlaw and run "Vernellia")

Vernellia R. Randall
Professor of Law
Phone: (937) 229-3378

Race, Racism and the Law
http://academic.udayton.edu/race/

Race, Health Care and the Law
http://academic.udayton.edu/health

Professor Randall;

Thanks for your reply, albeit a very short reply to concerns that I have for your body of work. I believe as a student in law school, especially at a first-tier well-respected institution of higher learning, we have been engrained to read things with an open mind. I came into your study with an open mind, but am left with nothing to put in the void between the door and the frame of my mind. So, of course, the door then automatically closes. Professor, I am trying to understand your work and you as a person. I read your website and I read all about you within these law review articles that you cite, as well as the court cases that bring your perspective to light. The first thing that I see on your website is the following: I hope that this site inspires women-of-color and men-of-color who are struggling to succeed in a racially hostile world. Professor, your work is creating a "racially hostile world" and I don't understand how you can have a valid claim against my assertion. Your work is VERY divisive and draws a distinct line between "NON-BLACKS" and "BLACKS". Is this your ultimate goal?

You list the following assertion in your website: "It is a whiteness that is dangerous, not just to mental health of the individual person of color that gets caught in it, but also to our society. It is an overwhelmingly display of power and control, maintaining a predominance of whiteness that is unearned and undeserved." Please explain this quotation to me! This sounds more like racial hatred towards the white race, as opposed to fostering dialogue in a creation of a unifying effort to create something better for all of OUR children and our society. Please define "unearned and undeserved"? Also, your only response to this division of wealth and power is to transfer power and wealth, which means PROBABLY quotas in law school admissions? What do you plan to do about it, Professor? Again, where is your conclusion? Your website sounds more like a Louis Farrakhan "CALL TO ARMS" than a law school professor searching for an answer.

You accuse me of making AD HOMINEM (correct spelling) attacks on you, but I am making an attack on your scholarship, not you as a person. Now, if we wish to address you as a person, then I believe fully that you have some sort of ridiculous "chip on your shoulder" concerning the white race of America and you believe that you can change it by a rousing MLK, Jr. sermon, not on unity as Dr. King so proudly expressed, but division between the races. I admire Dr. King and his stance on unity, but I do not admire your ramblings. They are hostile and should be used more as comedy than true scholarship. Let me offer you a suggestion for your next book or law review article: "THE DIVINE COMEDY: A PROFESSOR'S WALK THROUGH THE HELL OF WHITE AND HER ASCENSION INTO THE IDEALISM OF RACIAL HOSTILITY."

Again, please respond to my questions. Prove to me that you are right! Prove to me that the "WHITENESS IS BLINDING", as you so say. I have an open mind and I am happy, and VERY EXCITED, to debate you on each and every point that you assert in your study and on your website. Let us participate in the flow of ideas, Professor. Do not be a coward and coil into your lair of racial hostility!

Thank you for your response and I, again, await your response with baited breath.

W. Mike Hill, II

Race, Racism and the Law "Speaking Truth to Power"

The 2004 Whitest Law Schools Report The Top Ten Whitest Law Schools in the United States

Prologue:

The Blackest Land, The Whitest People

In many ways institutional discrimination in law schools is really about maintaining the legal profession as "The Whitest Profession".

Professor Vernellia Randall

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Race, Racism and the Law
"Speaking Truth to Power"

The 2004 Whitest Law Schools Report
The Top Ten Whitest Law Schools in the United States

The Blackest Land,
The Whitest People