Law Prof Drops Defamation Suit against Students over Racism Claims

Law Professors

Law Prof Drops Defamation Suit against Students over Racism Claims

Posted Nov 17, 2008, 06:32 am CST
By Debra Cassens Weiss

A law professor who sued two former students for defamation has dropped his suit after the school’s interim dean said there is no evidence he is a racist.

Law professor Richard Peltz of the University of Arkansas at Little Rock told Inside Higher Ed that he sued to get his reputation back. “This suit was never about money,” he said. “I feel that now with the university’s support, I am on the road to repairing my reputation.”

Peltz had sued the Black Law Student Association and two of its leaders, Valerie Nation and Chrishuana Clark, claiming the association defamed him with complaints that his teachings on affirmative action were racist. He also sued the W. Harold Flowers Law Society and its president, Eric Spencer Buchanan, claiming that Buchanan has sought his firing, the Arkansas Democrat-Gazette reports (sub. req.).

An agreement reached last month with most of the parties ended with no one admitting wrongdoing and no damages, according to the Arkansas Democrat-Gazette story. The student association had countersued Peltz and he dropped his suit against the group in June. Last week Peltz dropped his suit against Clark, the last remaining defendant.

Peltz has released a letter (PDF) from the law school’s interim dean, John DiPippa, that says “there is no evidence that you are or have been a racist or acted in a racist fashion during your employment at the law school.”

He has also released a memo (PDF) refuting the charges that he says were made against him in a March 2007 memo sent to the dean by the Black Law Students Association. Peltz says he did not lecture in a “rant” that affirmative action was not needed. Instead, he says, he referred to his participation in a panel discussion in which he took the “con” position.

Peltz said the students also took issue with an article in the Onion about the death of Rosa Parks and the civil rights movement. Peltz said the satirical article actually made fun of conservative politicians who think the civil rights movement is “behind us.”

He also claims the students said they did not think it a coincidence that he had passed out a grammar worksheet during the class on affirmative action. Peltz counters that he passed out the worksheet in response to complaints from the Arkansas Board of Law Examiners that writing skills were on the decline. “I have since fall 2005 discontinued the use of the handout and the consideration of writing skills in exam evaluation, lest I again be maligned for trying to improve student writing,” he writes.

Peltz told Inside Higher Ed that universities need to be a place where ideas can be discussed freely. “When I started teaching 10 years ago, I thought universities were the quintessential marketplace of ideas. I was so naïve, and so, so wrong,” he said. “I hope we can get back to that notion.”

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Posted by B. McLeod - 1 month, 3 weeks, 3 hours, 59 minutes ago

Both law students and young lawyers need to recognize that recent Supreme Court trends are increasingly restrictive of affirmative action programs. The professor or managing partner that tells you so is honest, not (necessarily) a racist. Don’t shoot the messenger.
Posted by J.D. - 1 month, 3 weeks, 1 hour, 47 minutes ago

The fact that our schools even have racial-separatist student organizations is racist. It’s a disturbing trend; we now have race-segregated dorms making a comeback in the University of California system. No joke.

MLK, Jr. is rolling over in his grave.
Posted by JDH - 1 month, 2 weeks, 3 days, 4 hours, 12 minutes ago

the fact is that this third tier law school should not even exist…just another example of the dilution in quality of our graduate education programs.
Posted by MH - 1 month, 2 weeks, 3 days, 3 hours, 10 minutes ago

As managing partner of my law firm, and graduate of UALR, I am certainly pleased with the education that I received from my alma mater. UALR is one of two law schools located in Arkansas—-the other being the University of Arkansas at Fayetteville. It consistently ranks higher than UA Fayetteville in median LSAT, graduation rate, and bar passage rate. UALR boasts excellent facilities utilizing the cutting edge in technology. It is located in the legal center of the state providing opportunities that many, if not most, law schools simply cannot offer. Unlike many “upper tier” law schools, UALR does not inflate student grades. It is a difficult school with an excellent and diverse faculty. JDH should do his or her research before casting aspersions on a fine law school.
Posted by NC - 1 month, 2 weeks, 3 days, 2 hours, 41 minutes ago

The Race Card, never leave home without it
Posted by DJC - 1 month, 2 weeks, 3 days, 2 hours, 37 minutes ago

Comment removed by moderator.
Posted by clark - 1 month, 2 weeks, 3 days, 2 hours, 28 minutes ago

JD - How old are you? 80? Organizations that promote people of a certain race to succeed are not racist. Racism consists of people who have thoughts and ideas that people of certain races are lower than others, not the same as others (as race-based law groups tout). Your failure to recognize this shows you have been out on your own too long. Join the community.
Posted by Jamaal - 1 month, 2 weeks, 3 days, 1 hour, 59 minutes ago

This is just one more example of the prevalence of black racism in our culture.

There seems to be nearly no one who has the guts or the honesty to admit that black racism has far surpassed white racism in this country. Today, unless you sign on wholeheartedly to the views considered PC by blacks, then you are automatically a “radical” or a “crazy,” and, of course, a “racist.”
Posted by DJH - 1 month, 2 weeks, 3 days, 1 hour, 54 minutes ago

Besides merit-based, there wasn’t a single scholarship or grant offered at my law school that was available for a white male. In fact, there were frequent law-related events publicized at my law school where those invited included, “Women Lawyers, and Minority Lawyers.” Why didn’t they just say, “Everyone is invited except for white males”?

I would have to agree with J.D., those organizations at my school only increased existing stereotypes and reverse discriminated against white males.
Posted by Laura - 1 month, 2 weeks, 3 days, 1 hour, 31 minutes ago

Oh how SAD it must be to be a white male in the legal profession! Must be so hard, what with people automatically assuming that you’re competent and knowledgeable, not wondering how long it will be before you go and get pregnant and ruin their investment, not wondering what subpar inner city neighborhood you must have come from.

Yeah, that sounds super tough. Good luck with that!

Also, if you’re so bugged, start a club for male law students. I’ve certainly heard of them. Usually they devolve into beer-drinking escapades, which I can’t say does much for my opinion of male law students, but so be it.
Posted by HV Baxendale - 1 month, 2 weeks, 3 days, 1 hour, 30 minutes ago

Organizations determined by race or gender were originally a reaction to the segregation by the mainstream (even de facto segregation after rules changed but customs did not). Today, that need is not there, but the groups continue to exist because it is natural for people to self-segregate. If one chooses to associate with people of his own race, gender, religion, nationality, etc. that is fine, indeed Constitutionally protected, but those who do lose their standing to complain about a segrated society.
Posted by EDW - 1 month, 2 weeks, 3 days, 1 hour, 22 minutes ago

DJC- Wow, harsh statement.
Jamaal- How can you even think that black racism has surpassed white racism? Really? How? I would really like to hear your ereasons for saying this. Your statements are false and until you walk in the shoes of the people you are so quick to criticize, you should just be quiet.
DJH- sorry that you feel that way and the fact that happened
Posted by bobosa - 1 month, 2 weeks, 3 days, 1 hour, 15 minutes ago

whatever the inclusive/exclusive nature of organizations like BLSA they should learn to pick their battles. affirmative action was and continues to be a controversial topic and voicing opposition to it is hardly racist (unlike some of the undertones of other comments).
Posted by Bird Smack - 1 month, 2 weeks, 3 days, 1 hour, 10 minutes ago

Laura appears to have taken the view that race-based decisions, ideas, organizations, etc, fostered or founded by white males are “racist” (or sexist) and that race-based decisions, ideas, organizations, etc., fostered or founded by blacks are not (or by women are not).

That’s interesting. Its also intellectually bankrupt.

And Laura: I run a small law firm. Half of my 6 partners are female, with one out on mat leave. We have 10 associates, 6 of which are women and half of them have been on mat leave at some point in the last two years (one twice). Between our partners and associates, we have two blacks, an Indian, a Korean, a Filipino, and a lesbian. So its about time that you swallow some of your “woe is me.” If I had to deal with your attitude you’d find yourself looking for a new job and wouldn’t have anything to do with your gender or that fact that you might get pregnant - it would derive solely from you negative outlook and devisive attitude. If you’re still in law school - quit now.
Posted by DJB - 1 month, 2 weeks, 3 days, 58 minutes ago

I am not qualified to comment on the quality of the school, but I strongly agree with the dangerous ideas that (1) schools should be marketplaces for ideas, not indoctrination of the party line, and (2) this country was founded on the idea of equality, not ethnic, racial, tribal or religious group rights. Both of these ideas seem have fallen out of favor. I guess I can see why - look how well tribalism and dividing people by ethnic and religious groups works in Africa, Yugoslavia and Lebanon. We’re definitely heading in that direction. Throw in some class envy (the flavor of the day among many in American politics) and Third World, here we come! We may even keep the Constitution around for a while, just in case we need to reach in pull out a newly discovered “right” from time to time, like a magician pulling a rabbit out of his empty hat.
Posted by DJH - 1 month, 2 weeks, 3 days, 56 minutes ago

There actually was an effort to introduce a white-male society at my law school. The Student Board Association shot it down because it could be deemed racist.

On a related note, there was an anonymous donor who offered a $300K scholarship to the school, but would only allow the “average white male” to receive it. The donation was graciously rejected by the Dean and others in charge of scholarships. Why? Because after years and years of having PC drilled into our heads, we are terrified that someone (like the subjects of this article) will object or file some race-based lawsuit against us.

I’m not complaining, I just work hard and actually earn what I get.
Posted by Powerman - 1 month, 2 weeks, 3 days, 52 minutes ago

Unfortunately this is another example of the race card being played incorrectly/improperly and someone (finally) saying ENOUGH and demading (through a lawsuit) that they prove their allegations to a Court. However, I am surprised by the fact that the lawsuit was dropped. Wonder why????????????????
Posted by Happy Go Lucky - 1 month, 2 weeks, 3 days, 15 minutes ago

Laura- Take a chill pill. Your “pity me” approach is quite demeaning to women. I’m a young, white, female attorney and LOVE it. My brother is a young, white, male law student and will undoubtedly have to do better than I did in law school. He could complain, but he doesnt. And in the long run, he will be a better lawyer for it.
Posted by HVB - 1 month, 2 weeks, 2 days, 23 hours, 54 minutes ago

At my law school 27 years ago, a prevalent student group was the National Lawyers Guild which, at our school, was openly comprised of the feminists, their timid boyfriends and hyphenated husbands, and others who supported programs that would be called a liberal social agenda. And all that was fine; everyone is entitled to his or her views and to associate and advocate accordingly.
Some students and faculty formed a chapter of the Federalist Society to have speakers and meetings addressing a conservative viewpoint. It served beer and pretzels instead of wine and cheese at its functions (true story).
Some, not all, members of the NLG did not like it one bit that the organization was there. And while the NLG’s signs for meetings, etc. were left alone, the Federalist’s signs wee regularly defaced (with swastikas!) or torn down.
A foreshadowing of how the conservative viewpoint is treated in academia and bar associations today.
Equality, but some are more equal than others.
Posted by The Litigator - 1 month, 2 weeks, 2 days, 23 hours, 5 minutes ago

I am appalled at the ignorance displaced by presumable educated attorneys on this page. I am surprised by the over and inert prejudice being displayed by those who are seen as the leaders in our society. Those who are most likely seek public office.
J.D and DJH tops the list of educated ignoramus who pads their intolerant, prejudiced views on reasoning and open market place of ideas.
By the way, Laura was not asking anyone to pity her, she was just stating the obvious, she was stating the presumed competence of white male lawyers, whereas female and minority lawyers have to prove themselves before being accorded any respect whatsoever.
It’s tough being a white female attorney, even tougher being a black attorney. Regardless, all attorneys passed the same LSAT and passed the bar in their jurisdiction. Prejudiced educated ignoramus out there, respect the minorities among you, they don’t need your pity or your understanding, just accord them the same respect you expect.
Posted by NP - 1 month, 2 weeks, 2 days, 21 hours, 51 minutes ago

Jamaal, where does one find the blacks-approved list of PC views? Being black myself, I’d like to know where I can find the list of views that I should hold.

Get real, man! The mere suggestion that there homogenous set of views held by blacks (let’s even limit it to the U.S.) is itself wrongheaded thinking. And attributing the knuckleheaded actions of two law students to an entire population group is a bit extreme.
Posted by JS - 1 month, 2 weeks, 2 days, 21 hours, 50 minutes ago

As a white, female attorney, I find myself facing an interesting career decision: do I join my local “association of women lawyers” or not? It offends me that there are organizations that exclude other based on race, gender, religion, sexual orientation, etc., regardless of what group is included/excluded. I am offended by the fact that men are discouraged from attending the events sponsored by the “association of women lawyers”, if not out-right banned. I thought the point of the civil rights movement and the women’s rights movement was to give us an equal footing, not separate us further. I thought segregation was a bad thing. I admit that this analogy is melodramatic and most likely overstates the situation (and I do not pretend to understand the situations faced by racial minorities), but groups like the “association of women lawyers” make me feel as if I’m being asked to drink from a separate water fountain. Why do we have to be separate from other groups? Are we not good enough to mingle over cocktails?

The career decision I am facing is this—- do I swallow my distaste for divisive organizations and join up, knowing it will likely help my career and increase my ability to develop clients, or do I take a stand, refuse to join, and accept the consequences? I’m still debating this one, and probably will be for a while yet.
Posted by HVB - 1 month, 2 weeks, 2 days, 20 hours, 46 minutes ago

JS—I like the way you think. As I said in #11, the separate but equal race/gender groups have outlived their usefullness and now serve to perpetrate divisiveness. I question, and have mixed feelings about, college dormatories sorted by nationality or race.
I exclude from this comment social or religious groups as long as they have no business purpose.
Posted by DC - 1 month, 2 weeks, 2 days, 20 hours, 28 minutes ago

If anything, Asians suffer the most discrimination as a result of these “affirmative action” intiatives and admission’s programs. It’s not as if Asians have had any sort of advantage over minority groups, yet they are “penalized” for their hard work, strong values and academic success. No question this qualifies as an “injustice” that most Americans, let alone the media, choose to ignore. Certainly one would have to agree that a merit based system would have the most utility for the society as a whole.
Posted by j - 1 month, 2 weeks, 2 days, 20 hours, 12 minutes ago

I think it is naive to believe that, despite some outward preferences and some very positive environments for women and minorities, there are not still subconsious prejudices that play a role in the ability of women and minorities to get ahead. I agree that we should not encourage divisiveness, but it is not yet true, IMHO, that women and minorities are accepted as equals in all or perhaps even most circles. I have been asked numerous times if I was the partner’s secretary or a paralegal, and I don’t think my male colleagues have that experience. I also don’t think that I am unique among women. We’re making great strides, but this issue far from completely resolved. There is still work to be done by us all.
Posted by HVB - 1 month, 2 weeks, 2 days, 20 hours, 6 minutes ago

There will always be perjudice, ranging from outright racism/sexism to subconscious preferences. It’s as natural to man as breathing air. And as the balances tiop as to which group is the majority in a certain venue, the same prejudices will occur. They already are. We can strive for perfection but we cannot cite failure from not achieving it.
Posted by 'Nuff Said - 1 month, 2 weeks, 2 days, 18 hours, 53 minutes ago

At the Annual Meeting of the Massachusetts Anti-Slavery Society in Boston, April, 1865, Frederick Douglass delivered the following speech on the subject: The Equality of all men before the law. Note that this was given within days of the close of the Civil War and the assassination of President Lincoln.

“The American people have always been anxious to know what they shall do with us. . . . Everybody has asked the question, and they learned to ask it early of the abolitionists, ‘What shall we do with the Negro?’ I have had but one answer from the beginning. Do nothing with us! Your doing with us has already played the mischief with us. Do nothing with us! If the apples will not remain on the tree of their own strength, if they are wormeaten at the core, if they are early ripe and disposed to fall, let them fall!”

The same can likely be said for any “minority.”
Posted by True Story - 1 month, 2 weeks, 2 days, 18 hours, 37 minutes ago

When I was a second year law student was offered a nice summer job with a fine local firm that paid me an average weekly salary. That same summer several minorities and women at my school were offered and accepted jobs making 4 times as much per week as me. Many of which were at the same level as me in class rank. This too is fine wiht me. However, immediately before the end of the spring semester that year, there was a huge demonstration at the school over equal pay. These same people wore buttons and marched around school preaching about pay were being paid four times what I was. They all did not see the hypocrisy in the situation. No one ever assumed that I was competent, I have had to prove my competence and worth every day. That is but another example of the vicitm mentality that far too many people in our society have allowed themselves to subscribe to. It is never about thier level of work and dedication becasue the deck was always stacked against them. Whatever. I worked my way through college for ten years becasue no one was offering me money based upon my skin color. I then had to work my way through law school and take huge loans becasue there was very little money avaialble fo ran average white guy from the middle class to go to law school. Once out of law school, there were surprisingly no law firms that included “regular white guys encouraged to apply” in thier ads for new associates, but there were plenty encouraging minorities and women to apply. I still found a job and am making my way in the profession. But if anything, being an average white guy only made it harder to stand out and forced me to work harder. Maybe folks will realize some day (again) that the real American Dream is that actually working hard will pay off if you take responsibility for your own future and never quit despite whatever obstacles are in your way.
Posted by nolabean - 1 month, 2 weeks, 2 days, 18 hours ago

I take issue with quite a few of the comments, but first I’ll address the lawsuit.

From the article it seems that the professor sued over a memo that was sent to the dean voicing concerns of some members of the student body over what took place in their class. The professor suing over that is suspect to me. It would be different if the complaint/concern was dealt with in some other manner. I find the whole thing just silly.

As to whether organization like BLSA are a racist concept, that notion is silly. As a former member and executive board member of the national organization, I can say that with earnest. The reasons for such organizations is obvious. BLSA is an academic and social support organization. ANYONE can join and there are non-black members. The fact is that the ones making such accusations never took the time to come to a meeting or an event to see that.

As far as the poor white male that never had a scholarship thrown his way,he really needs to sing that sad song somewhere else. I’m pretty sure that the majority of law students at your school were white. And I’m pretty sure that you did not have personal knowledge as to every person of color’s financial standing w/ the school. You are making grand assumptions as to who had what and it only attests the number of stereotypes that minorities have to overcome even with their classmates. Entitlement issues, sad.
The fact of the matter is that the number of black students in law schools are tiny and grows fewer EVERY year. But I guess that’s not important.
Posted by SS - 1 month, 2 weeks, 2 days, 17 hours ago

I would love to see a “merit” based system when all schools that prepare students are the same—not the separate but “equal” BS. Obviously these proponetns know nothing about second- hand books with pages torn from then being passed on to schools predominately attended by the historically underrepresented students.
Posted by Apparently Racist - 1 month, 2 weeks, 2 days, 15 hours, 43 minutes ago

Applause for this prof…the race card gets played far, far too often; as for ignoramous attorneys - love the argumentum ad hominem. After YEARS of scratching my way to the JD (grew up on welfare), it really ticks me off that my law school assumed (much like the alleged presumption of white competency), as stated by DJH in #9, that because I’m white, I don’t add to “diversity.”
Posted by Lawyerly - 1 month, 2 weeks, 2 days, 13 hours, 49 minutes ago

Wow! So many posts, but I have to agree with the vast majority of at least the first 10 posts I went through. If so many people feel this way, why isn’t something done about it? You folks are right to acknowledge the so simple plain fact, that affirmative action IS RACIST and is WRONG. The article caught my eye because I thought, oh, here we go, another bull crap overly sensitive lawsuit based on the race card. But I was pleasantly surprised to see quite the opposite. The wrong was in the student associations who perpetuate false suits, allegations, and are themselves, the racists. As a member of a group which gets protections, I still say its just a fact that different races, sex, religions, etc.- have different tendencies as proven over time and history, both culturally and genetically. It’s a fact. Deal with it. It insults anybody with a brain to do what we have gotten carried away with today, which is to pretend these differences don’t exist. And I don’t think any race wants true equality anyhow, every race truly wants to have at least some edge and advantage, I think this stuff is so out of hand, and is so black and white (pardon the pun) but I mean so clear, it’s just stupid. Enough already.
Posted by J.D. - 1 month, 2 weeks, 2 days, 12 hours, 23 minutes ago

@ Clark

You think it’s okay to say that all black people think the “same” and that all Asian people think the “same”???

That IS racist. I refuse to believe that an individual’s outside appearance connotes a certain belief system or ideology or perspective.

I believe in the INDIVIDUAL. You believe in group-think. You would do better in the Soviet Union, not this country.
Posted by J.D. - 1 month, 2 weeks, 2 days, 12 hours, 14 minutes ago

@ Litigator

Because I do NOT want dorms broken down by race, I am an “ignoramus”??? Ha, ha. Wow, if Frederick Douglass could hear you now…

And yeah, it might be difficult for a black man in a law firm; he might feel the need to constantly prove himself. BUT DO YOU KNOW WHY? It is because of Affirmative Action! People will have to question whether it was merit or “extra points” that got the person to where they are.

And that sucks. I hate that people think that way. But it is logical.

Get RID of affirmative action, and then there will be no question that everyone in school, firms, doctor’s offices, etc. got there on MERIT and nothing else.

And yeah, we should NOT allow Mommy & Daddy alums to make a phone call to the dean or a donation as a means to get little John into the school.

Merit and merit alone.
Posted by George Sly - 1 month, 2 weeks, 1 day, 20 hours, 58 minutes ago

I rather doubt that Professor Pelz could win his suit under the Sullivan decision. As a law professor, Professor Pelz could be deemed at least a limited public figure.
On the larger question of affirmative action, I do not believe that opposition to affirmative action makes anyone a racist. However, it is true that many of those who oppose affirmative action are the same people who opposed integration forty years ago, and who are in fact racists. It is equally true that there are some who abuse affirmative action or who use perceived racism as an excuse for their own failings.
That does not make affirmative action wrong in and of itself. Some people are the sons and daughters of the “elite”. The George Bushes and John Kennedy’s of the world. They may or may not be talented and competent but they have had every advantage.
Someone else who has not had those advantages either because of racial, sex, or other discrimination but who fought and scrapped like hell to advance, might not be given the chance to do so without affirmative action. If it were not for affirmative action, Secretary of State Rice and Justice Thomas would probably not hold their positions. Not because they’re not competent, but because they would never have had the chance to get the education that allowed them to advance in the first place. For example, anyone who gets into Law School still has to pass the bar if he/she wants to be la awyer. The test is the same for everyone in any given state. Affirmative action was the whip hand to force recalcitrant education, government and corporate systems to allow people who were not White Anglo Saxon Prostestants to advance. Affirmative action may need to be refined or perhaps it has done its job, although I doubt it, but without Affirmative Action no progress would have been made in the last forty years by women, African-Americans, Hispanics or anyone other than a WASP male.

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