Derrick Bell, 1930-2011

07bell-articleLarge Fred Bernstein in the NYT:

Professor Bell, soft-spoken and erudite, was “not confrontational by nature,” he wrote. But he attacked both conservative and liberal beliefs. In 1992, he told The New York Times that black Americans were more subjugated than at any time since slavery. And he wrote that in light of the often violent struggle that resulted from the Supreme Court’s 1954 desegregation decision, Brown v. Board of Education, things might have worked out better if the court had instead ordered that both races be provided with truly equivalent schools.

He was a pioneer of critical race theory — a body of legal scholarship that explored how racism is embedded in laws and legal institutions, even many of those intended to redress past injustices. His 1973 book, “Race, Racism and American Law,” became a staple in law schools and is now in its sixth edition.

Mr. Bell “set the agenda in many ways for scholarship on race in the academy, not just the legal academy,” said Lani Guinier, the first black woman hired to join the Harvard Law School’s tenured faculty, in an interview on Wednesday.

At a rally while a student at Harvard Law School, Barack Obama compared Professor Bell to the civil rights hero Rosa Parks.

Professor Bell’s core beliefs included what he called “the interest convergence dilemma” — the idea that whites would not support efforts to improve the position of blacks unless it was in their interest. Asked how the status of blacks could be improved, he said he generally supported civil rights litigation, but cautioned that even favorable rulings would probably yield disappointing results and that it was best to be prepared for that.