FROM THE EDITOR
A Publication of the State Bar of Arizona
LISA BORMASTER FON TES
MIK YEILA CORDERO
DAVID H. BEN TON, CHAIR
YUSRA B. BOKHARI
HON. THEODORE CAMPAGNOLO
PAUL F. DOWDELL
GREGOR Y GAU TAM
HON. RANDALL M. HOWE
COLLEEN M. JOHNSON
KARA L. KLIMA
JOSE V. LUJAN
TERRIE S. RENDLER
K YLE SHELTON
MICHAEL F. VALENZUELA
4201 N. 24th Street, Suite 100
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VOLUME 53, NO. 8
There’s an old saying among land-use folks that “Zoning
divides; Planning unites.” Some may disagree, but I’d wager that
diversity and inclusion are the Planners of the legal profession. For
although D&I can cause debate, they may end up transforming the field.
“How?” you wonder. This month’s issue offers evidence that D&I
efforts have the power to unite, exactly because we humans are so
diverse—even within ourselves, none of us is “just one thing.” Which is
why this month we hear from inclusion advocates, and we cover
intersectionality, a topic less well known in legal circles.
You push back: “How, specifically?” We may get clues to the answer
in land use—or civ pro, or e-discovery—all topics that require committed
education and experience to master. Years ago, attorney Lani Guinier
was one of the first to coin the term “racial literacy.” That means just
what it suggests: Like any topic worth exploring, it makes demands on
your intellect and requires a commitment to understand history.
If that’s the challenge, lawyers—by training and personality—may be
well positioned to achieve it. I mean, we’ve managed to understand the
rule against perpetuities. Why should a complex topic like diversity be
So how do you get D&I-woke Resources help:
• Listen to Code Switch, “a team of seven NPR journalists who cover
race, ethnicity and culture.” ( http://www.npr.org/sections/
codeswitch/) They define code-switching as “hop-scotching between
different cultural and linguistic spaces and different parts of our own
• Race Forward is a collection of scholars and others who advance
“racial justice,” which they define as “the systematic fair treatment of
people of all races.” ( https://www.raceforward.org/) They publish
the daily news site Colorlines.
Those are just a few ideas. And don’t forget good old dialogue. Bar
President Lisa Loo explores the challenges—and benefits—of conversation related to race on page 6.
I can testify to the truth of that. For this issue, I had multiple conversations with the authors on many topics, both deep and mundane. But even
as we conversed extensively on deceptively simple questions like why and
when we might capitalize black and/or white, my own understanding
deepened. Because when you talk about diversity, you’re inevitably talking
about so much more—like history, culture, and justice.
April is National Poetry Month, so I leave you with an excerpt from
a work by Tucson poet Heather Nagami. Her Acts of Translation explores
the 1942 incarceration of Japanese Americans during World War II, as a
result of Executive Order 9066. As such, it reminds us of extreme and
lingering consequences that may flow from our failure to value diversity
in our American experiment:
Since no arrangements had been made, evacuees built their own
“But mom didn’t know if there was going to be one where we
West of Blocks 19 and 30.
“So, she brought encyclopedias for us and for the other children.”
Sufficient lumber was not available, so they leveled the ground.
“Only one suitcase, you know?”
The others brought bedding, toilet articles, eating utensils and
clothing. Walls were created of adobe, a foreign material to most.
“You see how your grandma is? Even back then.”
Mixed mud for bricks, lined hundreds to dry in 115-degree
heat. Figure 10. 13.
Pouring foundation for school. Which still stands today.
Inspecting our foundations