Q&A WITH JANAI NELSON ‘96

‘Continuing the Fight’:

NELSON ’96 TAKES OVER AS TOP NAACP LAWYER

When UCLA Law alumna Janai Nelson ’96 was named the next president and directorcounsel of the NAACP Legal Defense and Educational Fund (LDF) in November, it was the latest milestone in an inspiring career that has taken her from Westwood to the front lines of civil rights litigation nationwide.

Sherrilyn Ifi ll and Janai Nelson

A longtime member of the LDF legal team, Nelson has helped lead cases involving voting rights and diversity, equity, and inclusion initiatives, among many others. She will continue those and related eff orts when she offi cially takes over for Sherrilyn Ifi ll and becomes the eighth LDF president and director-counsel — a position fi rst held by Th urgood Marshall — in the spring.

Nelson is a former professor at St. John’s University School of Law, a leading scholar of election law, and an eminent voice on civil rights in the national media. She previously served as a Fulbright Scholar who studied political disenfranchisement in Ghana, and clerked for two federal judges. She was UCLA Law’s Fall 2021 Margaret Levy Public Interest Fellow, delivering the lecture “Fighting Racial Injustice in a Vacuum of Truth” in October.

In this Q&A, she discusses her incredible track record and vision for the road ahead.

Following several high-profi le cases — including a successful voter I.D. law challenge in Veasey v. Abbott and then NUL v. Trump, which caused the Trump Administration to rescind its executive order that squelched workplace diversity and inclusion training — what are you working on now?

I’m continuing the fi ght to ensure that both our First Amendment freedoms and the principles of equal protection and due process embedded in the Fourteenth Amendment are safeguarded from the assault on truth that is presently underway and one of the most signifi cant threats to our democracy. We are challenging bans on critical race theory — a laudable analytical approach that is being used as a pretext to undermine eff orts to create equity and celebrate our country’s diversity. We are also fi ghting voter suppression through litigation, advocacy, and organizing, as well as defending the right to protest. At LDF we are keenly aware of the interrelation and mutual reinforcing nature of each of these eff orts to silence the will of people and the use of anti-Black racism to do it.

You and the LDF obviously take a highly strategic approach to policy and litigation. Can you explain a little about your goals, and how you personally think about the challenge of how to use the law and legal systems to prevent harms and promote justice?

Th e law remains a powerful tool in the fi ght for justice, and there is still a lot of work around racial justice in our society that the law can advance. It is important to think about the law both as a corrective instrument and as a device to use affi rmatively to codify norms and policies that bring us closer to our constitutional ideals. Whether it is challenging hair policies that are used to discriminate against Black people in school or the workplace simply because of the texture or formation of their hair or advocating for a racial impact analysis in connection with a new piece of legislation, we can use the law to protect dignity and humanity and to bring us closer to becoming a society that is as intentional about equality as it has been about other values that defi ne our identity.

You recently returned to UCLA Law, albeit virtually, to join a panel on critical race theory and to deliver the Margaret Levy Public Interest Lecture. First of all, thank you! It’s always wonderful to welcome alumni back, and your words have been so powerful for students to hear. How does it feel to be back, even in an online format?

Th ank you. It has been lovely to return to UCLA Law, although I wish it could have been in person. Nonetheless, I had an opportunity to meet with students and to connect with faculty. It was also rewarding to be able to present a lecture on the vacuum

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PHOTO BY STACY BE PHOTOGRAPHY

of truth that seems to be engulfi ng us and to do it at UCLA, the home of some of this country’s most authoritative and important critical race theorists and thinkers. I’ve been able to do a fair amount of work with professors Crenshaw, Harris, and Carbado over the years, and we have been working together closely on this issue, as well. I’m grateful that my connection to UCLA has aff orded me opportunities to work with these scholars in my capacity at LDF.

How has your time at UCLA Law served you in your work at the LDF and elsewhere?

Being at UCLA Law helped build the foundation for my career as a civil rights lawyer and law professor. It was while I was a student at UCLA that I externed in what was then LDF’s Western Regional Offi ce and fell in love with the organization that I will soon lead. UCLA also had so many other opportunities for service and support for public interest law students, including the Nancy J. Mintie ’79 award that I received as a student. UCLA is also where I met Black law professors for the fi rst time — professors Harris and Carbado — which opened my mind to the possibility of law teaching.

It seems as if your career is as much about scholarship as it is about litigation and legal strategies. How do you balance those things? And how do they inform one another?

Scholarship is about ideas and imagination based on research and information. And so is strategic litigation and advocacy, which is what defi nes the work at LDF. I enjoy continuing to write scholarship because it’s a place where you are not constrained — at least not entirely — by what is currently possible or what is pragmatic. To do transformative work — especially on matters of race — you must be similarly unconstrained. Writing scholarship strengthens the muscle of imagination.

What are your best memories of law school?

I have so many wonderful memories from law school. I especially loved my experience on the UCLA Law Review, the National Black Law Journal, and the Women’s Law Journal, as I think that piqued my early interest in scholarship and writing — and teaching. We also had a very robust Black Law Students Association that was extremely active in the law school and in the broader legal community, including in opposition to Prop 209 [which, in 1996, prohibited affi rmative action in public education and other government institutions in California]. It’s hard to imagine surviving law school without those friendships and supports. Th e racial and ethnic diversity of the student body was one of the law school’s greatest strengths. Th ere were so many wonderful professors at UCLA Law that I’d be hard pressed to identify a favorite.

What’s your advice for today’s students?

My visit as a Levy Scholar has caused me to refl ect on my law school career and put myself in the shoes of a law student in this moment when our democracy is in such peril. If I were just entering the legal profession, there’s much about it that would give me pause, including complicity of some members of the legal profession in creating the present chaos. But I would also be greatly heartened by the power of the rule of law — battered as it is — to hold our democracy, and I would advise today’s UCLA Law students to commit themselves to rebuilding the broken parts of our society with a new vision. To see this moment as an opportunity to redeem what is good about our profession, to reject what is unjust, and to reimagine what is possible through law.

ACHIEVEMENT FELLOWSHIPS:

Law School Dreams Coming True

UCLA Law's Achievement Fellowship program provides full-tuition scholarships to students who have overcome signifi cant obstacles to get to law school. It was created fi ve years ago with generous donations from alumni and friends of the school. So far, the program has fostered the success of 39 law students.

“We launched the Achievement Fellowship program with incredible support from our alumni to reach inspiring law students who have demonstrated great capacity to achieve and contribute, and who have overcome so much along the way,” says UCLA Law Dean Jennifer L. Mnookin. “For these students, the cost of law school can be an enormous barrier, and certainly this program provides them with a great opportunity. But it does more than that. Achievement Fellows benefi t our law school community and the legal profession as a whole, and this program deepens UCLA’s commitment to access and public service.”

Here, we give you a chance to meet just three Achievement Fellows from the Class of 2023, who took time from a busy fall schedule — while enjoying their fi rst semester actually on campus! — to share a little of their background, their ambitions, and what they love (so far) about being at UCLA Law.

ERICK DIAZ

I’m a Californian, born in Pomona, raised in Upland. For my undergraduate studies I went to UC Irvine, where I double-majored in political science and sociology. Zot Zot! I wanted to go to law school to learn the rules of the game. In college, so much of my time in classes was spent reading and discussing how society aff ects various communities. Over and again, the overarching theme was how rules, over time, shape the ways diff erent communities function within themselves and interact with each other. I became fascinated with these rules and how individuals can attack or defend the society’s status quo based on their intimate knowledge of the law. As I graduated college, I realized I wanted to participate as an advocate in the law. I came into law school with a little bit of fear. Th e stereotype of lawyers seems to be that they are very cut-throat and aggressive — I feared that coming to law school would be like entering the lion’s den. But law school at UCLA is anything but that. My classmates have always been kind, helpful, and collaborative My friendships and communities here will last me a lifetime. And, as cliché as it sounds, I really have learned as much from my peers as I have from my professors. My favorite part of law school has been the after-class conversations with my classmates. It’s such a relief knowing that in moments when you feel challenged, you are never alone.

“We launched the Achievement Fellowship program with incredible support from our alumni to reach inspiring law students who have demonstrated great capacity to achieve and contribute, and who have overcome so much along the way. For these students, the cost of law school can be an enormous barrier, and certainly this program provides them with a great opportunity. But it does more than that. Achievement Fellows benefi t our law school community and the legal profession as a whole, and this program deepens UCLA’s commitment to access and public service.”

— DEAN JENNIFER L. MNOOKIN

ROSE CHUTE

I was born and raised on the Big Island of Hawaii, coming to San Diego in high school and going to USC for college. When I was considering law schools, UCLA Law stood out to me for its experiential courses and community involvement. I was so inspired by the range of clinics and opportunities to practice lawyering while helping others.

But I didn’t realize the extent to which I could explore so many diff erent areas of law. In a single semester, I’m taking classes about federal tax, environmental law, and business transactions. I’m also busy outside of the classroom, giving my time as part of the Animal Law and Environmental Law Society and volunteering in public interest pro bono clinics.

Th at combination of diff erent projects and subject areas has been the most unexpected—and favorite—part of being a law student here but if I had to pick one extracurricular activity that has stood out, it’s been the El Centro Legal Clinic: Let’s Go Liberation! Within my fi rst month of school, I was able to work with attorneys and local LGBTQ-focused organizations to assist individuals in obtaining legal name and gender marker changes. It was an incredible experience.

One thing about law school: Your initial career goals are very likely to evolve with your experiences. Mine have, so I’m keeping an open mind about the future. Th at said, I know that my law degree will provides me with the skills and opportunities to think critically, help others, and speak up about issues that are important to me.

I’m proud to be an Achievement Fellow and to share that title with such talented students who have since become friends, and to have a mini-community within UCLA Law. It’s great that UCLA and the legal community continue to create space for people of diff erent backgrounds and experiences.

DEVON WADE

I’m originally from New York City but I’ve spent the better part of the last decade in Los Angeles, so I consider myself a Southern California transplant. And I attended UCLA during my undergraduate years.

Th e law is the crux at which society rests. I learned early on the power of the law in shaping narrative and impacting lives. My family’s relation to the law is a gift and a curse. On my desk sits a model of the vessel that brought my grandfather to these shores. He crafted the model ship with his hands and it serves as a reminder of his meticulous nature and ingenuity. He immigrated to the United States as a teenager in the 1930s. Over the years, he would often remind us of his voyage. Without the relatively favorable immigration laws of that era, particularly for skilled laborers, my grandfather may have never set foot in this country — the gift.

In contrast, I’ve witnessed how the farcical “war on drugs” narrative ultimately shaped policies that led to the disparate application of the law. My father was a Vietnam veteran and struggled with reintegration post-war. He was fi rst introduced to opioids to cope with pain overseas, against the backdrop of war. Once home, he lacked the resources to reconcile his trauma and he and many other veterans returned to opioid use as a recourse. Th e draconian drug laws of the period criminalized his addiction, stripping him from his family and home — the curse.

Th e law is unparalleled in its ability to eff ectuate action. Th is is why I chose to pursue the law. I also wanted to go to law school for the challenge. I get an adrenaline rush when faced with a challenge. And what a challenge it is!

You hear the stories about the hyper-competitive nature of law school, but my experience at UCLA Law has been the complete opposite. Here, the culture is one of collaboration. Not only within the student body but between students, faculty, and administration.

My path to law school has not been linear but being here at UCLA Law as an Achievement Fellow serves as a reminder that persistence pays off . It’s an honor I will continue to pay forward!

UCLA Law Celebrates 70th Commencement

UCLA School of Law celebrated the Class of 2021 in a livestreamed ceremony featuring keynote speaker U.S. Rep. Ted Lieu (D-CA), Dean Jennifer L. Mnookin, and recorded messages from faculty and special guests, including UCLA and NBA legend Bill Walton, as well as law school alumni Judge Paul Watford ’94 of the U.S. Court of Appeals for the Ninth Circuit and U.S. Sen. Kirsten Gillibrand ’91 (D-NY).

More than 3,000 people tuned in to cheer on the graduates: 341 J.D.s, 44 LL.M.s, and one doctor of juridical science (S.J.D.) candidate. In addition, the school graduated its inaugural master of legal studies class, with eight people earning an M.L.S. degree (see opposite page).

Rep. Lieu, a lawyer himself, spoke directly to the responsibilities that the Class of 2021 must take on as lawyers and citizens.

“I urge you as future attorneys to not reject the evidence of your eyes and ears,” he said. “I urge you to tell the truth not only when representing clients, but also to protect the truth when it comes to core issues. The motto of UCLA is ‘Let there be light.’ I hope you will continue to shine the light to push away the dark forces trying to cover up the truth.”

Many speakers referred to the non-traditional nature of a virtual graduation and to the extreme social, political, and environmental upheaval of the year that had just passed.

In doing so, Mnookin put UCLA Law’s 70th commencement into historical perspective. “Today, we can refl ect on 70 years of UCLA Law classes and the moments that each has faced and overcome. There have been easier times, but also, like the present, very hard ones,” she said. “As you prepare for the next chapter of your careers, I hope you will remember that you are part of a tradition of thousands of UCLA Law graduates who have encountered challenges, stared diffi culty head-on, and gone out into the world, ready to make a diff erence.”

A slate of accomplished graduates also spoke. Miranda Wilcox gave remarks on behalf of the M.L.S. students and off ered a touching tribute to her mother and M.L.S. classmate, Maria Wilcox, who died in January (see memoriam, page 88). Hala Khalil spoke as the LL.M. representative, and Jazmine Buckley gave an impassioned speech on behalf of the J.D. class.

Mnookin off ered a note of congratulations and gratitude. “My most heartfelt thanks to all of our students who spoke so powerfully today,” she said. “You are extraordinary. You are talented. You are empathetic. You are so very ready to go into the world and to shine.”

Walton, famous for his exuberance and irreverence, as well as his intense devotion to UCLA, off ered a heartfelt message with a light tone. “We’re the luckiest people on Earth: graduates of UCLA! What a privilege and honor, one that carries with it duty, responsibility, and obligation. New UCLA lawyers – please save us! From ourselves!”

The day aft er commencement, graduates were welcomed to campus for in-person recognition ceremonies and pictures with one another.

UCLA Law Graduates First M.L.S. Class

Amid the cheers and celebration that accompanied UCLA Law’s 2021 commencement ceremony were plaudits for eight students who made up the fi rst class of graduates from the law school’s Master of Legal Studies program.

The program launched in 2020 as a way of opening doors to professionals who seek to master legal principles and advance their careers. It was the fi rst time in UCLA Law’s seven-decade history that the school has off ered a degree program for non-lawyers. Students in the program either design their own course of study or specialize in a particular area. The program allows students to earn their degrees in a single year of full-time classwork or in two-to-four years of part-time work.

Members of the fi rst graduating class completed their degrees in a single year. Two specialized in public interest law, two in employment and human resource law, two in entertainment and media law, one in government and national security law, and one in general studies.

David Holtkamp M.L.S. ’21 worked in human resources at ISS before he entered the program, and he credits it with sharpening his skills. “What I learned in class has translated quite well to the working environment in multiple ways," he says. "I can contribute to the discussions and issues that come up regarding employee relations and arbitration agreements — topics that I didn't have as much knowledge of before.”

Other students were hired by new employers who were impressed with their M.L.S. credentials.

Miranda Wilcox M.L.S. ’21 got a job in the business and legal aff airs department at the Fox Corporation. “I learned the basics of law, which is directly applicable to what I do,” she says. “Drafting skills, negotiating, even just being able to speak with attorneys, this program was ideal.”

Meanwhile, longtime journalist Penny Rosenberg M.L.S. ’21 took time off from her work as an editor at a variety of newspapers in Southern California to be a full-time M.L.S. student. The eff ort paid off , and she was hired as the editor of the Albany Democrat-Herald and the Corvallis Gazette-Times in Oregon after graduation.

“I was able to apply my legal background right away when I returned to the job,” Rosenberg says. “In one week, my reporters were writing on topics that I learned about, and I was able to shape their stories and have them go deeper into those topics. I was thrilled.”

Another thirty-three members of the fi rst incoming M.L.S. class are doing their course work on a part-time basis and will begin graduating in 2022.

How Lawyers Shape Social Movements in Los Angeles

Scott Cummings

An Equal Place: Lawyers in the Struggle for Los Angeles (Oxford University Press, 2021), by Scott Cummings, Robert Henigson Professor of Legal Ethics, off ers a close look at the lawyers who were central to Southern California’s social and labor movements from 1992 to 2008. Following his Blue and Green: The Drive for Justice at America’s Port (MIT Press, 2018) – which documents the impact of the law on a push to improve the trucking industry at the Port of Los Angeles – An Equal Place is a broader survey that focuses on the people who, as Cummings writes, “work daily to make the city live up to its better angels and make real the dreams it presents to the world” and how “the legal profession can still serve as a wellspring for social change in a moment in which change is so desperately needed.”

Cummings shares how he uncovered the book’s vivid stories, some lessons about lawyering, and what the future holds.

What did you learn as you conducted your research and wrote the book?

The book takes a behind-the-scenes deep dive into campaigns where lawyers helped build worker power and transform labor conditions in L.A. But they hardly did this work alone. Rather, they worked side-by-side with grassroots social movements to rewrite local laws. I interviewed scores of lawyers and activists from the period and mined original campaign documents. What struck me was that lawyers were working to change the city by changing how they engaged with local movements – lawyers and activists worked together, equally, on campaigns to make the city more equal. In that way, the book’s title, An Equal Place, is meant to convey a double meaning.

Is there a story that you uncovered that best illustrates this?

One of my favorites is about Thomas Saenz, a lawyer from the Mexican American Legal Defense and Educational Fund, who was an architect of the campaign to end laws that made it illegal for day laborers to stand on the sidewalk to solicit work. What made the eff ort so successful was not just that Saenz was skilled at litigation but that he had built relations with day laborers themselves, developed a partnership with organizers, and created a strategic plan that was about shifting public attitudes toward day laborers and not just winning the case in court. [Editor’s note: Saenz has since become the president and general counsel of MALDEF.] In the book, I seek to elevate other less appreciated roles that lawyers play behind the scenes in creating new legal knowledge that contributes to the design and outcome of policy campaigns.

Would the movements have been as successful without lawyers playing these roles?

Social struggle, at least in the American context, invariably involves law, legal processes, and legal institutions – which means that the struggle for social change almost always involves lawyers. Would L.A. have had laws like the living wage, community benefi ts, and clean truck program? Sure. Would they have been as sophisticated, building in provisions designed to create conditions of possibility for union organizing? No. For that, lawyers were essential.

The book begins with the Rodney King uprising and ends with the Great Recession. But how does it off er help in predicting the future of lawyers in social movements?

If social movements are to be successful in the multifaceted process to produce sustainable shifts in culture, they have to work on changing law. But we are in such a diff erent place – a much less equal place, in fact – than the period I describe in the book. The pandemic revealed in stark relief our deeply fl awed, unequal, and divided democracy. Far from an equal place, L.A. is a microcosm, perhaps even an incubator, of broader economic division. I think a key takeaway is the power of sustained collective struggle to change law that seeks to make real the promise of American democracy. My modest hope for the book is that it serves as a marker of just what it takes to mount large-scale challenges to powerful systems to change law and build movements.

"Social struggle, at least in the American context, invariably involves law, legal processes, and legal institutions – which means that the struggle for social change almost always involves lawyers."