Lani Guinier

Carol Lani Guinier (/ˈlɑːni ɡwɪˈnɪər/ LAH-nee gwin-EER; April 19, 1950 – January 7, 2022) was an American educator, legal scholar, and civil rights theorist. She was the Bennett Boskey Professor of Law at Harvard Law School, and the first woman of color appointed to a tenured professorship there.[1] Before coming to Harvard in 1998, Guinier taught at the University of Pennsylvania Law School for ten years. Her scholarship covered the professional responsibilities of public lawyers, the relationship between democracy and the law, the role of race and gender in the political process, college admissions, and affirmative action. In 1993 President Bill Clinton nominated Guinier to be United States Assistant Attorney General for Civil Rights, but withdrew the nomination.

Lani Guinier
photograph
Guinier in 1993
Born
Carol Lani Guinier

(1950-04-19)April 19, 1950
New York City, New York, U.S.
DiedJanuary 7, 2022(2022-01-07) (aged 71)
Cambridge, Massachusetts, U.S.
EducationHarvard University (BA)
Yale University (JD)
Occupations
  • Attorney
  • Author
  • Law professor
RelativesEwart Guinier (father)
Maurice Paprin (uncle)

Early life and career

Carol Lani Guinier was born on April 19, 1950, in New York City, to Eugenia "Genii" Paprin and Ewart Guinier.[2][3][4] Ewart, who was born in Panama to Jamaican parents and raised in Panama and Boston, was one of two black students admitted to Harvard College in 1929. He was forced to drop out in 1931, unable to afford school after he was excluded from financial aid and campus housing, but he ultimately returned to Harvard as a professor and the first chair of the Afro-American Studies Department in 1969.[5] Paprin, an Ashkenazi-Jewish civil-rights activist, graduated from Hunter College in 1939.[6] Guinier's parents met in Hawaii Territory, where each was a member of the Communist Party of Hawaii and of the Hawaii Civil Rights Congress. Guinier's father was also a national officer for the United Public Workers of America, a Congress of Industrial Organizations (CIO) union.[7] Her uncle was real estate developer and social activist Maurice Paprin.[8] Guinier moved with her family to Hollis, Queens, in 1956.[9]

Guinier said that she wanted to be a civil rights lawyer since she was twelve years old,[10] after she watched on television as Constance Baker Motley helped escort James Meredith, the first black American to enroll in the University of Mississippi.[11] After graduating third in her class from Andrew Jackson High School, Guinier earned her B.A. from Radcliffe College of Harvard University in 1971 and her J.D. degree from Yale Law School in 1974. She clerked for Judge Damon Keith of the United States Court of Appeals for the Sixth Circuit, then served as special assistant to Assistant Attorney General Drew S. Days in the Civil Rights Division during the Carter Administration.[12] She was admitted to the District of Columbia Bar in 1981, and after Ronald Reagan took office, she joined the NAACP Legal Defense and Educational Fund (LDF) as an assistant counsel, eventually becoming head of its Voting Rights project.[11] She was a highly successful litigator for LDF, winning 31 of the 32 cases she argued.[13] She also worked on the successful extension of the Voting Rights Act in 1982.[13]

Nomination for Assistant Attorney General

Guinier was President Bill Clinton's nominee for Assistant Attorney General for Civil Rights in April 1993.[14][15] Conservative journalists and Republican senators mounted a campaign against Guinier's nomination. Guinier was dubbed a "quota queen," a phrase first used in a Wall Street Journal op-ed by Clint Bolick, a Reagan-era U.S. Justice Department official.[16] The term was perceived by some to be racially loaded, combining the "welfare queen" stereotype with "quota," a buzzword used to challenge affirmative action.[17][18] In fact, Guinier opposed racial quotas, as she attempted to make clear, responding to the misrepresentation of her views by invoking her father's experience at Harvard: "He was a victim of a racial quota, a quota of one. I have never been in favor of quotas. I could not be, knowing my father's experience."[19] As one reviewer of her work wrote: "The remedies Guinier advocates for diluted minority voting rights do not include laws that guarantee election outcomes for disadvantaged groups."[20]

Some journalists also alleged that Guinier's writings indicated that she supported the shaping of electoral districts to ensure a black majority, a process known as "race-conscious districting." Political science and law professor Carol M. Swain argued that Guinier was in favor of "segregating black voters in black-majority districts."[21][22] Guinier was portrayed as a racial polarizer who believed—in the words of George Will—that "only blacks can properly represent blacks."[23]

In the face of the negative media attention, many Democratic senators, including David Pryor of Arkansas, Ted Kennedy of Massachusetts, and Carol Moseley-Braun of Illinois (the only African American serving in the Senate at that time),[24] informed Clinton that Guinier's interviews with senators were going poorly and urged him to withdraw Guinier's nomination.[25]

Clinton withdrew Guinier's nomination on June 4, 1993. He stated that Guinier's writings "clearly lend themselves to interpretations that do not represent the views I expressed on civil rights during the [presidential] campaign."[26] Guinier, for her part, acknowledged that her writings were often "unclear and subject to vastly different interpretations," but believed that the political attacks had distorted and caricatured her academic philosophies.[26] William T. Coleman Jr., who had served as Secretary of Transportation under President Gerald Ford, wrote that the withdrawal was "a grave [loss], both for President Clinton and the country. The President's yanking of the nomination, caving in to shrill, unsubstantiated attacks, was not only unfair, but some would say political cowardice."[27]

Civil rights theories

Alternative voting systems

In her publications, Guinier suggested various strategies for strengthening minority groups' voting power, and rectifying what she characterized as an unfair voting system, not just for racial minorities, but for all numerical minority groups, including fundamentalist Christians, the Amish, or, in states such as Alabama, Democrats. Guinier also stated that she did not advocate for any single procedural rule, but rather that all alternatives should be considered in the context of litigation "after the court finds a legal violation."[28]

Some of the ideas she considered are:

  • cumulative voting, a system in which each voter has "the same number of votes as there are seats or options to vote for, and they can then distribute their votes in any combination to reflect their preferences"—a system often used on corporate boards in 30 states, as well as by school boards and county commissions
  • multi-member "superdistricts," a strategy that "modifies winner-take-all majority rule to require that something more than a bare majority of voters must approve or concur before action is taken."

Guinier's idea of cumulative voting was taken up by Roslyn Fuller as a potential way of protecting minority rights without compromising One Man, One Vote principles.[29]

Revising affirmative action

From 2001 until her death, Guinier was active in civil rights in higher education, coining the term "confirmative action" to reconceptualize issues of diversity, fairness, and affirmative action. The process of confirmative action, she said, "ties diversity to the admissions criteria for all students, whatever their race, gender, or ethnic background—including people of color, working-class whites, and even children of privilege."[30]

Because public and private institutions of higher learning are almost all to some extent publicly funded (i.e., federal student loans and research grants), Guinier argued that the nation has a vested interest in seeing that all students have access to higher education and that these graduates "contribute as leaders in our democratic polity." By linking diversity to merit, Guinier argued that preferential treatment of minority students "confirms the public character and democratic missions of higher-education institutions. Diversity becomes relevant not only to the college's admissions process but also to its students' educational experiences and to what its graduates actually contribute to American society."[31]

"Political race"

Developing a concept of "political race," Guinier argued that if viewed as a resource from which to develop social critique, attention to exclusions based on race had the potential to produce broad and democratizing effects.[32][33] In The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Harvard University Press, 2002), Guinier and co-author Gerald Torres used the analogy of racial minorities as the canary in the coal mine, alerting others to risks in the environment.[33] As one New York Times review put it, they argue for "reforms based on initiatives that are begun by minority groups but move beyond racial issues because they address the needs of other disadvantaged groups."[34] One examplar Torres and Guinier cite is the way that Hopwood v. Texas, an anti-affirmative action lawsuit, ultimately inspired reform that enlarged college access for all Texas students following minority activists' research on admissions. They found that the majority of admissions to the state’s top colleges came from a handful of the state's high schools, prompting a reform that required the colleges to admit the top 10 percent of all high schools. The Times review concluded, "The goal of reaching such truly evenhanded solutions is what this book generously holds out."[34]

Academic career

Teaching

Guinier began her career in academics in 1989 as a Professor of Law at the University of Pennsylvania Law School. It was there that she took her experience with the Voting Rights Project of the NAACP Legal Defense Fund and began theorizing on reforming the voting system.[35] She spent 10 years at University of Pennsylvania Law School before joining Harvard Law School in 1998 as the school's first woman of color to be granted tenure.[36] She regularly lectured at various other law schools and universities including Yale, Stanford, New York University (NYU), UT Austin, Berkeley, UCLA, Rice, and University of Chicago. In 2007 she was a visiting professor at Columbia Law School, and in 2009 she was a fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford University.[37]

Guinier took emerita status at Harvard in 2017.[38]

Publications
External video
video icon Booknotes interview with Guinier on The Tyranny of the Majority, June 26, 1994, C-SPAN
video icon Presentation by Guinier on The Miner's Canary, April 12, 2002, C-SPAN

Guinier authored over two dozen law review articles,[39] as well as five books:

  • Guinier, Lani (1994). The Tyranny of the Majority: Fundamental Fairness in Representative Democracy. Free Press. ISBN 978-0-02-913172-5.[40]
  • Guinier, Lani; Fine, Michelle; Balin, Jane (1997). Becoming Gentlemen: Women, Law School, and Institutional Change. Beacon Press. ISBN 978-0-8070-4405-6.[41]
  • Guinier, Lani (1998). Lift Every Voice: Turning a Civil Rights Setback Into a New Vision of Social Justice. Simon & Schuster. ISBN 978-0-684-81145-1.
  • Guinier, Lani; Torres, Gerald (2002). The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy. Harvard University Press. ISBN 978-0-674-00469-6.
  • Guinier, Lani (January 13, 2015). The Tyranny of the Meritocracy: Democratizing Higher Education in America. Beacon Press. ISBN 978-0-8070-0628-3.

Personal life and death

Guinier married Nolan Bowie in 1986.[42] They had one son, Nikolas Bowie, who is also a Harvard law professor.[42]

Guinier died from complications of Alzheimer's disease at a care facility in Cambridge, Massachusetts, on January 7, 2022, at the age of 71.[4][42]

Honors

During her lifetime, Guinier was honored with the Champion of Democracy Award from the National Women's Political Caucus;[12] the Margaret Brent Women Lawyers of Achievement Award from the American Bar Association (ABA) Commission on Women in the Profession (1995);[43] and the Rosa Parks Award from the American Association of Affirmative Action.[12] She was also awarded the 1994 Harvey Levin Teaching Award at the University of Pennsylvania Law School[12] and the 2002 Sacks-Freund Award for Teaching Excellence from Harvard Law School.[38] In 2015 she was awarded the "Deborah W. Meier Hero in Education Award" from Fairtest.[44] In 2017, she was awarded a Champion of Democracy Award from Fair Vote.[45] In 2021, she received Yale Law School’s highest honor, the Award of Merit.[46][47]

She received eleven honorary degrees,[1] from schools including Hunter College,[6] University of Illinois Urbana-Champaign,[48] Smith College,[49] Spelman College,[50] Swarthmore College,[51] and Bard College.[52][12] In 2007 she delivered the Yale Law School Fowler Harper Lecture, entitled "The Political Representative as Powerful Stranger: Challenges for Democracy."[53]

References
  1. "Harvard Law School - Lani Guinier biography". Archived from the original on August 22, 2014. Retrieved March 17, 2014.
  2. Peacock, Scot, ed. (1998). Contemporary Authors. Vol. 158. Gale. pp. 153–156. ISBN 0-7876-1185-9. ISSN 0010-7468. OCLC 37926306.
  3. Lee, Margaret C. (1996). "Lani Guinier (1950–)". In Smith, Jessie Carney (ed.). Notable Black American Women. Vol. 2. Gale. pp. 261–263. ISBN 0-8103-4749-0. OCLC 24468213.
  4. Marquard, Bryan (January 7, 2022). "Lani Guinier, civil rights champion and Harvard law professor, dies at 71". The Boston Globe. Retrieved January 7, 2022.
  5. Guinier, Lani (March 7, 2003) [1998]. Lift Every Voice: Turning a Civil Rights Setback into a New Vision of Social Justice. Simon & Schuster. pp. 58–59. ISBN 0743253515.
  6. Newman, Maria (June 2, 1994). "Commencements; Lani Guinier at Hunter: 'Silence Is Not Golden'". The New York Times. ISSN 0362-4331. Archived from the original on February 27, 2021. Retrieved January 7, 2022.
  7. United States Senate, Eighty-fourth Congress (January 1957). Scope of Soviet Activity in the United States: Hearing Before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary. p. 2670.
  8. "Congressional Record (Bound Edition), Volume 151 (2005), Part 20 - IN MEMORY OF MAURICE S. PAPRIN: NEW YORK REAL ESTATE DEVELOPER AND ADVOCATE, EDUCATOR AND PROMOTER OF SOCIAL WELFARE". www.govinfo.gov. Retrieved January 8, 2022.
  9. Guinier, Lani. "Identity and Demography" Archived December 13, 2019, at the Wayback Machine, The New York Times, March 25, 2013. Accessed February 20, 2019. "When my family moved to Hollis, Queens in 1956, the neighborhood changed with our arrival."
  10. Schudel, Matt (January 11, 2022). "Law professor's Justice Dept. nomination became a Clinton-era controversy". Washington Post. p. B6. Retrieved January 11, 2022.
  11. "Balancing Race and Gender: LDF Women Pioneers" Archived March 17, 2012, at the Wayback Machine, The Defenders Online, March 31, 2009
  12. "Lani Guinier, CV". Archived from the original on April 21, 2021. Retrieved January 8, 2022.
  13. "LDF Mourns the Passing of Trailblazing Harvard Law Professor and Voting Rights Defender Lani Guinier". NAACP Legal Defense Fund. January 7, 2022.
  14. "Reno Completes Most of Lineup At Justice Dept". The New York Times. April 30, 1993. Archived from the original on November 5, 2018. Retrieved January 8, 2022.
  15. Kantor, Jodi (July 30, 2008). "Teaching Law, Testing Ideas, Obama Stood Slightly Apart". The New York Times. Archived from the original on March 27, 2019. Retrieved October 27, 2008.
  16. Bolick, Clinton (1993) "Clinton's Quota Queens," Wall Street Journal op-ed, April 30, 1993.
  17. Ireland, Patricia (June 27, 1993). "Still Fighting the Double Standard". Chicago Tribune. p. Chicago Tribune. Retrieved January 7, 2022.
  18. "Affirmative Action". Weekend Edition Sunday. National Public Radio (NPR). January 19, 2003. Retrieved January 7, 2022.
  19. Tackett, Michael (June 5, 1993). "Guinier Defends Her views, Denies She Backs Quotas". The Chicago Tribune. Archived from the original on March 8, 2021. Retrieved January 7, 2022.
  20. "Lani Guinier States Her Case". Christian Science Monitor. March 21, 1994.
  21. Swain, Carol M. (June 3, 1993). "Opinion | Black-Majority Districts: A Bad Idea". The New York Times. ISSN 0362-4331. Archived from the original on November 23, 2021. Retrieved January 7, 2022.
  22. Cohen, Joshua (June 13, 1993). "n the End, Distortion Triumphed Over Lani Guinier's Writings". The New York Times. p. 141.
  23. Will, George F. (June 13, 1993). "Sympathy For Guinier". Newsweek. Retrieved January 7, 2022.
  24. Clinton, William Jefferson (2004). My Life. New York City: Knopf. .
  25. Leff, Laurel (1993), "From legal scholar to quota queen: what happens when politics pulls the press into the groves of academe," Columbia Journalism Review 32:3 (September–October 1993).
  26. Savage, David G. (June 5, 1993). "Guinier's Ideas Viewed as Largely Theoretical : Nominee: In her 'academic' article on voting rights, the conclusions she reaches appear to be tentative". Los Angeles Times. Archived from the original on March 18, 2014. Retrieved March 17, 2014.
  27. "Notable Quotes for 1993". archive.fairvote.org. Archived from the original on March 18, 2014. Retrieved March 17, 2014.
  28. (1994:14)
  29. Fuller, Roslyn (November 15, 2015). Beasts and Gods: How Democracy Changed its Meaning and Lost its Purpose. Zed Books. ISBN 9781783605422.
  30. Guinier (2001), "Colleges Should Take 'Confirmative Action' in Admissions" Archived June 28, 2002, at the Wayback Machine, Chronicle of Higher Education. Retrieved on February 28, 2011.
  31. Guinier (2001), "Colleges Should Take 'Confirmative Action' in Admissions" Archived June 28, 2002, at the Wayback Machine, Chronicle of Higher Education. Retrieved on December 9, 2008.
  32. Woliver, Laura R. (November 1, 2002). "The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy. Lani Guinier , Gerald Torres". The Journal of Politics. 64 (4): 1244–1246. doi:10.1086/jop.64.4.1520093. ISSN 0022-3816.
  33. Balfour, Lawrie (2003). "Race as a Resource - Lani Guinier and Gerald Torres: The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy. (Cambridge, MA: Harvard University Press, 2002. P.392. $27.95.)". The Review of Politics. 65 (2): 307–308. doi:10.1017/S0034670500050105. ISSN 1748-6858. S2CID 144584585.
  34. Boyer, Allen D. (April 21, 2002). "Books in Brief: 'The Miner's Canary'". The New York Times. ISSN 0362-4331. Retrieved January 8, 2022.
  35. Risen, Clay (January 8, 2022). "Lani Guinier, Legal Scholar at the Center of Controversy, Dies at 71". The New York Times. Retrieved January 12, 2022.
  36. "HLS Professor Lani Guinier". www.law.harvard.edu. Archived from the original on June 8, 2020. Retrieved June 10, 2020.
  37. "Lani Guinier | Center for Advanced Study in the Behavioral Sciences". casbs.stanford.edu. Archived from the original on December 12, 2018. Retrieved January 8, 2022.
  38. Milano, Brett (January 7, 2022). "In Memoriam: Lani Guinier 1950 - 2022". Harvard Law Today. Retrieved January 8, 2022.
  39. "Harvard Law School - Lani Guinier publications". Archived from the original on March 18, 2014. Retrieved March 17, 2014.
  40. 1994 review: Sunstein, Cass R. "Voting Rites". The New Republic. pp. 34–38. Archived from the original on May 17, 2017. Retrieved January 8, 2022.
  41. Raymond, Diane (1998). "Review of Becoming Gentlemen; Critical Race Feminism". NWSA Journal. 10 (3): 216–220. ISSN 1040-0656. JSTOR 4316616.
  42. Risen, Clay (January 7, 2022). "Lani Guinier, Legal Scholar at the Center of Controversy, Dies at 71". The New York Times. ISSN 0362-4331. Archived from the original on January 8, 2022. Retrieved January 8, 2022.
  43. "Previous Margaret Brent Women Lawyers of Achievement Award Recipients". www.americanbar.org. Archived from the original on December 18, 2021. Retrieved January 7, 2022.
  44. "about us | FairTest". www.fairtest.org. Archived from the original on October 29, 2020. Retrieved January 8, 2022.
  45. "Lani Guinier: Champion of Democracy". Fair Vote. Archived from the original on July 17, 2021. Retrieved January 7, 2022.
  46. "Yale Law School Mourns the Loss of Lani Guinier '74". law.yale.edu. Retrieved January 8, 2022.
  47. "Symposium Honors Professor and Civil Rights Lawyer Lani Guinier '74". law.yale.edu. November 18, 2021. Archived from the original on December 14, 2021. Retrieved January 8, 2022.
  48. News Bureau (November 13, 2003). "Lani Guinier to speak at 2004 Commencement". news.illinois.edu. Archived from the original on January 22, 2021. Retrieved January 7, 2022.
  49. "Lani Guinier to Deliver Smith Commencement Address". www.smith.edu. Archived from the original on November 5, 2020. Retrieved January 7, 2022.
  50. "Honorary Degree Recipients 1977 - Present" (PDF). President's Office. November 2019. Archived (PDF) from the original on April 12, 2019. Retrieved January 7, 2022.
  51. "Past Speakers and Honorary Degree Recipients". www.swarthmore.edu. July 8, 2014. Archived from the original on December 27, 2021. Retrieved January 8, 2022.
  52. cyber (January 8, 2022). "BARD COLLEGE TO HOLD ONE HUNDRED FORTY-THIRD COMMENCEMENT ON SATURDAY, MAY 24, 2003 Civil Rights Champion and Harvard Law Professor Lani Guinier to Deliver Commencement Address". News The Cyber Live. Retrieved January 8, 2022.
  53. "Lani Guinier '74 Discusses Challenges for Democracy April 30". law.yale.edu. April 24, 2007. Retrieved January 8, 2022.
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