League of United Latin American Citizens of New York Honors AABANY for Work in Fighting Anti-Asian Violence

On June 23, 2022, at 30 Rockefeller Plaza, the League of United Latin American Citizens of New York (LULAC NY) honored AABANY for its work in fighting Anti-Asian violence.

For 93 years, LULAC has been fighting for the civil rights of the Latin American community. The Director of LULAC NY, Aureo Ivan Cardona, spoke on the importance of teaming up with other organizations to fight injustice and hate, because any group could be the next victim or scapegoat.

LULAC presented President William Ng with a beautiful wood-carved plaque that says “Stop the Hate… Tolerate.” Joining Will at the reception were Beatrice Leong, Co-VP of Programs and Operations, Shirley Bi, Secretary, and Will Hao, Board Director.

AABANY thanks LULAC NY for bestowing this honor and recognizing AABANY’s anti-Asian violence work.

To learn more about LULAC’s work, see https://lulac.org/about/

NAPABA Establishes New NLF Community Law Fellowship Focused on Anti-Hate Advocacy

$130,000 Investment will build the pipeline of future leaders in our community.

For Immediate Release: June 27, 2022
Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON – NAPABA and the NAPABA Law Foundation are proud to announce the expansion of the NLF Community Law Fellowship program to include a new two-year fully funded fellowship placement at NAPABA. The Community Law Fellow will work to serve the AA & NHPI community and build NAPABA’s capacity to support the membership’s commitment to public service and advocacy.

“We are excited to offer this opportunity to build the pipeline of Asian American, Native Hawaiian, and Pacific Islander attorneys with expertise and skill to create change in our communities through advocacy and policy,” said NAPABA Acting President A.B. Cruz III. “This fellowship is another example of the ways that NAPABA and NLF, along with our members and supporters, can create an active legal community that is willing, ready, and able to serve.”

Established by a generous gift from Paul W. Lee of Goodwin Procter LLP the NAPABA Law Foundation Partners and In-House Counsel Community Law Fellowship was launched in 2004 to address the need for attorneys working on behalf of the AA & NHPI populations. NAPABA’s support of the program will establish the 12th Fellowship.

“The Community Law Fellowship is one of the premier ways that the NAPABA legal community can make an investment in the future of public service,” said Juliet K. Choi, Chair of the NLF Fellowship and Scholarship Selection Committee and first NLF Community Law Fellow (2004). “We are proud that we can we leverage the power of NAPABA and NLF to serve the Asian American, Native Hawaiian, and Pacific Islander community.”

The NLF Community Law Fellow placement at NAPABA is a two-year fellowship program designed for a recent law school graduate who is interested in pursuing a career in public interest law and policy. The Fellow will directly support NAPABA’s advocacy and policy program with a focus on supporting and leading initiatives within our anti-hate project. The Fellow will also support other NAPABA community engagement programs, educational programs, and legislative advocacy.

We encourage all interested applicants to apply and for others to share this with any prospective candidates.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment and promotes the professional development of people of all backgrounds in the legal profession.

CUNY AAARI Presents Talk on AABANY’s Endless Tide Report, Featuring Chris Kwok, Megan Gao, and David Kim

On June 10, 2022, CUNY’s Asian American/Asian Research Institute (AAARI) hosted a discussion to address the Endless Tide report published by AABANY on May 31. The discussion was co-led by AABANY’s Board Director and Issues Committee Chair, Chris Kwok, and Megan Gao, Vice Chair of the Pro Bono and Community Service Committee. Chris is also a Co-Executive Editor of the report and Megan is an Associate Editor. As the report continues to gain media attention and publicity, various AAPI community groups have referred to Endless Tide and AABANY’s Anti-Asian Violence Task Force (AAVTF) to bring their issues and concerns to government officials in New York City. 

In publishing the Endless Tide report, Megan mentioned that lawyers can make a unique contribution by using the criminal justice system as a way to analyze how anti-Asian hate crimes have been prosecuted in New York City. By tracking the number of complaints and arrests that the New York Police Department made, the authors of Endless Tide were able to offer a legal analysis that details how the system has affected and impacted our AAPI neighborhoods and communities. In their research, they found that publicly available data does not track a hate incident from initial report to final resolution. In fact, the AAVTF learned about the disposition of outstanding cases by meeting directly with various District Attorney’s offices. 

At the event, they invited David Kim, a survivor of an anti-Asian attack featured in the report. David’s case was an example of the indifference he encountered in getting a District Attorney’s Office to pursue a hate crimes prosecution. David and his friends were harassed and physically threatened after a vehicle collision at the intersection of 149th Street and 34th Avenue on June 4, 2020. They were taunted by the alleged perpetrators and called racist epithets, forcing them to stay in their car until a 911 call was made – to which the police took time to respond to. With the incident happening at the peak of the pandemic, the victims were also yelled at and blamed for causing COVID-19. After the incident, Kim wanted to file a report to the precinct and pursue a case against his perpetrators. However, after meeting with the District Attorney’s office, with the assistance of counsel, they were told that the District Attorney’s office decided that no charges, including hate crime charges, would be brought. To date, no explanation has been given for this decision.

Hearing David’s story, Chris and Megan highlighted how the title Endless Tide reflects the ongoing racial discrimination towards Asians and Asian Americans. In an effort to address and assist the members of the community that have experienced bias incidents or hate crimes, AABANY created the Hate Eradication Active Response Team (HEART). David and his attorneys came to HEART after their requests to the District Attorney’s Office to pursue hate crimes prosecutions proved futile. Ultimately, the Endless Tide report and the AAVTF seek to encourage discussion with government officials and other organizations to take a closer look at how we can address the hate, violence, and discrimination faced by the AAPI community in New York City. 

To watch the recording of the event, please click here or on the image above. To contact AABANY’s Anti-Asian Violence Task Force, send an email to [email protected].

NAPABA Honors the Legacy of Vincent Chin 40 Years after His Death

NAPABA Community Service Corps works to preserve the memory of Chin

WASHINGTON — The National Asian Pacific American Bar Association commemorates the 40th anniversary of the murder of Vincent Chin. On June 19, 1982, Vincent Chin, a Chinese American industrial draftsman, was brutally beaten in a racially motivated attack during a wave of anti-Japanese sentiment and died as a result of his injuries a few days later. Vincent Chin’s death and his killers’ lenient sentences marked a turning point in Asian Pacific American civil rights advocacy in the United States.

“With the dramatic spike in hate violence perpetrated against Asian Americans during the COVID-19 pandemic, honoring Vincent Chin serves as a poignant reminder that more still needs to be done to rid our society of xenophobic hate and ensure our community’s voice is heard,” said A.B. Cruz III, acting president of NAPABA. “Mr. Chin’s senseless death and subsequent trial underscored the importance of the Asian Pacific American community standing together in the fight against racism and advocating in the courts. We must continue to build on this legacy by continuing to oppose hate and violence in all forms.”

Chin’s murder and the sentences of his killers highlighted the lack of a strong national voice for Asian Pacific Americans within this country’s legal system. Recognizing the need to establish such representation, NAPABA was founded in 1988 to give voice to values of justice, equity, and opportunity for Asian Pacific Americans. Since that time, NAPABA has been strongly committed to civil rights advocacy.

With the current rise in hate crimes targeting diverse communities, the NAPABA Community Service Corps works to provide opportunities for its members to take action for impact locally and nationally. NAPABA is a co-sponsor of the first-ever Unity March on June 25, 2022, an Asian American multicultural event to advance socioeconomic and cultural equity, racial justice, and solidarity. NAPABA Community Service Corps opportunities to engage in the Unity March and other projects to protect and advocate for civil rights honors the memory of Vincent Chin.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

Member Profile: Karen King Wins Unanimous Victory before the U.S. Supreme Court in Domestic Violence and International Custody Dispute Case

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On March 22, 2022, AABANY member Karen King argued before the U.S. Supreme Court in Golan v. Saada (20-1034), a case involving the interpretation of the Hague Convention on the Civil Aspects of Child Abduction. Karen is a Partner at Morvillo Abramowitz Grand Iason & Anello, Co-Chair of AABANY’s Pro Bono and Community Service Committee, and an active member of AABANY’s Anti-Asian Violence Task Force. She sat down with AABANY to share reflections on the oral argument, diversity among litigators, and the importance of pro bono work. 

Looking back, the law was a natural career choice for Karen.  She was president of the debate team in high school as well as at Yale University, where she majored in philosophy and political science.  After receiving her J.D. from Harvard Law School, she moved to New York and began her career at Cravath.  Two decades later, she appears regularly in federal and state courts on behalf of corporate clients, she was named a “Notable Woman in Law” by Crain’s New York Business, and she received both the Federal Bar Council’s Thurgood Marshall Award for Exceptional Pro Bono Service and the National Asian Pacific American Bar Association (NAPABA)’s Pro Bono award.  Her pro bono clients include victims of discrimination, survivors of domestic violence, students with learning disabilities, victims of gun violence, and prisoners on civil rights issues. 

Karen’s impressive career reached another milestone this year when she had her first argument before the U.S. Supreme Court in Golan v. Saada . She represents Narkis Golan, an American citizen and survivor of domestic violence, and mother to a young child who was born in Italy.  The case has been pending for nearly four years and was accepted by the Supreme Court for argument last December to resolve a circuit split on whether district courts are required to consider ameliorative measures to facilitate return of a child to a foreign country, even after finding that return would subject the child to a “grave risk” of exposure to harm.

During oral argument, the justices were active in their questioning and seemed interested in how best to address situations where the grave risk is sourced to a complex problem like domestic violence.  “Am I correct that the vast majority of these grave risk cases are ones involving domestic violence?” asked Justice Barrett, who continued to say: “It just seems to me that that’s a much different case for ameliorative measures than, say, the nuclear plant next door that the Chief posited at the outset.  That would be a pretty straightforward move, and then there would be no more grave risk, whereas I think you get into the complexity of the financial support payments and the undertaking or restraining order, however it should be categorized, in these domestic abuse cases that pose maybe a unique circumstance?”  The recording of oral argument is available here

When asked whether she expected at the outset that this case would reach the U.S. Supreme Court, Karen replied that she did not. She added that, at the start of the case in 2018, “we were hopeful that it would end at the trial level.” But despite establishing, by clear and convincing evidence, that return to Italy would expose the child to a grave risk of harm, the case went back and forth to the Second Circuit on the question of appropriate ameliorative measures.  Ultimately, Karen and the team came to believe that the interpretation of the Hague Convention set forth by the Second Circuit required review by the Supreme Court.  Despite the extraordinarily slim odds of having a case accepted for argument, the Supreme Court asked the Solicitor General to weigh in on the cert petition and ultimately granted cert. 

Arguing before the Supreme Court is the dream of many litigators. Karen prepared through “lots of moots [i.e., practice sessions], testing answers to every conceivable question we could think of, and reflection and discussion of the issues with colleagues, co-counsel, and pretty much anyone willing to talk about it.” In terms of approach to oral argument, she felt she needed to get straight to the point and anticipate challenging questions from the Justices about the key legal issues. Although the preparation process was similar to what she has done for other appellate arguments, it was clearly “more nerve-wracking, more high profile, and more work.”  She credits having an amazing team supporting her at Morvillo, the incredible work of the Paul, Weiss team (her former firm and co-counsel throughout the case), and the lawyers at the Zashin firm (co-counsel at the Supreme Court merits stage).  Although the oral argument was in person, it was not open to the public because of COVID-19 restrictions.  Karen was accompanied only by co-counsel Dan Levi from Paul, Weiss on the big day.  

At the Supreme Court argument, the Solicitor General’s office was represented by Frederick Liu, and the Respondent Jacky Saada was represented by Richard Min, a family law attorney in New York.  It is believed that this was the first time all three advocates arguing a case before the Supreme Court were of AAPI descent. This is a remarkable moment for the AAPI community, and for AAPI litigators.  Karen recognizes that it was important to “push [herself] to create the moment” and not to “be intimidated by milestones.” 

Karen is a strong advocate for diversity in the courtroom and in law firms.  She advises young litigators to strengthen their courtroom skills and give back to the community through pro bono work.  Karen has been recognized for her pro bono commitment over the years and generally works on one or two ongoing pro bono matters on top of her regular workload. Reflecting on her career thus far, Karen sees her persistence, optimism, and creative thinking, as survival skills that have led to great opportunities.  “You just have to push through… . Keep you head up and keep moving toward your goals.  Don’t let the machine crush you.” 

Oral argument in Golan v. Saada (20-1034) by Todd Crespi

Karen King, Richard Min, and Fred Liu, who argued Golan v. Saada (20-1034)

Join NAPABA at the Unity March in Washington, D.C.

Saturday, June 25, 2022 | 12:00 – 3:00 pm ET

NAPABA is a proud co-sponsor of the first-ever Unity March, an Asian American multicultural event to advance socioeconomic and cultural equity, racial justice, and solidarity. The Washington, D.C., mobilization aims to bring together the diverse Asian American and Pacific Islander diaspora with multicultural partners across the LGBTQ+, Muslim, disability communities, Black, Indigenous, Latinx, and Arab American communities. The goal is to gather more than 25,000 advocates and allies to the National Mall and we need your help to form a robust NAPABA contingent!

Volunteers and Attendees Needed for March

The Unity March is seeking volunteers to serve as rally marshals for the event to ensure everyone’s rights are respected. Rally marshals are responsible for monitoring crowds, reporting any disturbances, directing attendees, and helping ensure the health and safety for all. By signing up for the NAPABA Community Service Corps, a new platform for NAPABA members to take action for impact locally and nationally, you can register for the march as an attendee or a volunteer, and view our other opportunities to be part of a national infrastructure of trained members committed to being AANHPI lawyers in action. Click the Volunteer Now button below and navigate to the “Volunteer Now” tab to sign up.

Events and Travel Details

Reception | Friday, June 24 | 7:00 -9:00 pm

Kick off the Unity March with APIAVote, the host committee organizers, partners, and other special guests at a reception in the Microsoft Innovation and Policy Center. RSVP here.

Poster-Making | Saturday, June 25 | 9:00 – 11:00 am

Join APIAVote for a poster-making session before the Unity March! Stop by the Capital Hilton hotel to make a poster and then head to the Unity March with a large group.

NAPABA Networking Reception | Saturday, June 25 | 4:00 – 6:00 pm

Following the Unity March, there will be a NAPABA networking reception and karaoke in D.C.’s Chinatown at Wok and Roll.

Travel and Stipend

Buses will be made available from New York City, New Jersey (city TBD), Philadelphia and Raleigh/Durham, NC. Buses will leave early morning and arrive in D.C. by 11:30 am. The buses will leave D.C. late afternoon so you can arrive back home that same evening. Complete this form and they will reach out to you for instructions on next steps. To help make our group as large as possible, NAPABA is offering a $250 travel stipend to those who sign up to volunteer. The purpose of the stipend is to assist with travel and/or stay in D.C. for volunteers traveling from out of state.  **You must sign up to volunteer for the march through the NAPABA form to be eligible for reimbursement.**

In the News: Jennifer Wu and Lawrence Wee Featured by Bloomberg Law for Anti-Asian Violence Work

On June 10, 2022 AABANY Women’s Committee Co-Chair and AABANY Anti-Asian Violence Task Force member Jennifer Wu and AABANY Board Director Lawrence (“Larry”) Wee were recognized by Bloomberg Law in an article entitled “Why Paul Weiss Is the Pro Bono Go-To for Victims of Asian Hate.” Jennifer and Larry, both partners at Paul, Weiss, have represented some of the most high profile cases, including the families of GuiYing Ma, a grandmother who died after being bashed with a rock; Yao Pan Ma, an elderly man who was struck and kicked to death while collecting cans; and Zhiwen Yan, a deliveryman who was shot to death. 

Jennifer and Larry spearhead their firm’s pro bono work fighting anti-Asian hate. They cite their close ties to New York’s Asian community as a reason for their work. Larry is a preacher at a church in Chinatown and Jennifer’s husband, Andy Woo, is a community organizer in Chinatown. Jennifer and Larry feel an urgent sense of responsibility to fight hate against the Asian community. Their urgency is well supported by AABANY’s second anti-Asian violence report, Endless Tide: The Continuing Struggle to Overcome Anti-Asian Hate in New York, which shows an increase in incidents despite media attention and calls by elected officials for change on the issue. (Paul, Weiss attorneys assisted in editing and drafting the Endless Tide report.)

Gaining the trust of victims and their families is not easy and requires great cultural sensitivity. “Often, they don’t trust people with money, and they’re worried that you’re in cahoots with authorities,” Jennifer said. She meets her clients in noodle shops in Queens rather than Paul, Weiss’ Manhattan office. Jennifer and Larry, both Chinese speakers, are the most visible members of Paul, Weiss’ fight against anti-Asian hate. They are grateful for the many additional partners, including Loretta Lynch, Jeannie Rhee, and Alan Halperin, who have been essential to the effort. 

AABANY congratulates Jennifer and Larry on their well-deserved recognition. To read the full article, please click here

AABANY Releases Second Report on Anti-Asian Hate and Violence in New York

On May 31, 2022, AABANY released its second report on anti-Asian hate and violence in New York City, entitled Endless Tide: The Continuing Struggle to Overcome Anti-Asian Hate in New York. The report examines the increased incidents of violence against Asian Americans in 2021 and proposes solutions to combat the lack of justice. Endless Tide is dedicated to the memory of Vincent Chin, a Chinese American autoworker murdered 40 years ago in an act of racial violence outside of Detroit. 

AABANY held a press conference on the morning of May 31 at the offices of Paul, Weiss in midtown Manhattan. Remarks were delivered by Eva Zhao, the widow of Zhiwen Yan, the delivery worker who was murdered in Forest Hills. 

“I want justice.” said Eva Zhao. “I really don’t want to see another family go through the same kind of pain.” 

(On June 1, Glenn Hirsch was arrested on charges of murdering Zhiwen Yan.)

AABANY was also joined by numerous elected officials and community leaders including Council Member Sandra Ung, State Senator John Liu, Assembly Member Ron Kim, Partner at Paul, Weiss and former United States Attorney General Loretta Lynch, and Regional Director New York/New Jersey for the ADL Scott Richman.

“We can make people safe, We can make people feel welcomed in their communities. We can give them peace and security.” Loretta Lynch noted. “We can eliminate this hate that is based on nothing more than a distinction without a difference.” 

Endless Tide has received widespread coverage in the media since its release. The report has been cited by more than a dozen different publications to date, including CNN, CBS News, NBC News, and the New York Law Journal: 

AABANY thanks everyone who made this project possible. Special thanks to NAPABA for selecting AABANY as a recipient of its 2022 Affiliate Grant Program. The NAPABA Affiliate Grant Program supports affiliates and national associates in carrying out activities to further their missions and goals. To read the full report, please click on the image above. To view the press conference, please click here

In the News: Elaine Chiu Interviewed on Korean Radio about Hate Crimes against Asian Americans in the U.S.

Elaine Chiu, Professor of Law at St. John’s School of Law, Academic Committee Co-Chair, and member of the Anti-Asian Violence Task Force at AABANY, detailed how hate crimes have affected Asian Americans in the United States in a special interview on a Korean Radio Show, Morning Wave In Busan, on June 6th, 2022. 

Prof. Chiu provided an overview of the situation by referring to the Center for the Study of Hate and Extremism. The Center reported that anti-Asian hate crimes have increased by 339% from 2020 to 2021. This alarming percentage is exemplified by the growing number of news reports and stories of Asian hate crimes experienced by Asian Americans across the country. 

Focusing specifically on New York City, Prof. Chiu, along with other members of AABANY’s Anti-Asian Violence Task Force, looked at the number of hate incidents against Asians reported to the New York City Police Department. In 2020, Prof. Chiu mentioned 28 hate crimes reported, in contrast to 2021, when a total of 131 hate crimes were accounted for in their report. This unprecedented increase of 361% traces back to the outbreak of the pandemic in March 2020. AABANY reported this in greater detail in its Endless Tide report, which followed the Rising Tide report published in 2021, to raise awareness about the hate crimes and violence that the AAPI community has experienced over the last two years. 

Prof. Chiu also states that AAPI Americans have long been victims of racial violence, discrimination, and exclusion. One of the most well-known victims of hate crimes is Vincent Chin. Chin, who was brutally murdered after being beaten by two white men in Detroit, caused an uproar Asian American community after his assailants received a mere $3000 fine and probation upon sentencing. Forty years after Chin’s brutal murder, Prof. Chiu states that it is clear that the pandemic did not create hate crimes against Asians but instead led to them. 

She also states that the explosion of hate crimes against AAPI persons can be attributed to the divisiveness pervasive in the United States, as demonstrated during Trump’s presidency when he enabled xenophobia against Asians by calling COVID-19 the “Kung Flu.” Moreover, with the rise of China as a global superpower, the racial lines are further exacerbated and felt by many Chinese Americans residing in the United States today. Prof. Chiu also states that the steady demise of mental health resources and Americans’ ready access to guns and deadly assault weapons can be contributing factors to this issue. 

Prof. Chiu ended the interview by affirming President Biden’s meeting with BTS (방탄소년단), a world famous K-pop group. BTS was invited to the White House to talk about Asian representation and  address the amount of misinformation regarding the rise in Anti Asian hate crimes. Prof. Chiu further highlighted the importance of how President Biden and BTS’s efforts extend a sense of hope and positivity for many. With the continued rise in hate crimes and attacks against Asians, Prof. Chiu called on everyone on social media, especially those who have influence and following like BTS, to continue to visibly oppose and actively resist hate crimes against the AAPI community.

Listen to Prof. Chiu’s full interview with Morning Wave In Busan here.

NAPABA Applauds Nomination of Roopali H. Desai to the U.S. Court of Appeals for the Ninth Circuit

For Immediate Release: June 15, 2022
Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON – Today, President Joe Biden nominated Roopali H. Desai to serve on the U.S. Court of Appeals for the Ninth Circuit. If confirmed, Desai would be the first South Asian American appellate judge on the Ninth Circuit.

“NAPABA congratulates Roopali H. Desai on her historic nomination to the Ninth Circuit,” said A.B. Cruz III, acting president of NAPABA. “Ms. Desai is a highly respected attorney, with nearly two decades of experience and a strong commitment to public interest. Her broad range of legal experience, representing both plaintiffs and defendants—including state agencies and municipalities, unions, corporations, elected officials, non-profit and public interest organizations, membership/professional organizations, individuals, and hospital and health care institutions, will be a welcome addition on the appellate court.”

Desai is a partner in the litigation group at Coopersmith Brockelman, PLC in Phoenix, AZ. She also serves as a professor of practice at the University of Arizona, James E. Rogers College of Law. Earlier in her career, Desai clerked on the U.S. Court of Appeals for the Ninth Circuit for Chief Judge Mary M. Schroeder. She is endorsed by NAPABA’s affiliate the Arizona Asian American Bar Association. Desai received her Juris Doctor, Master of Public Health, and Bachelor of Arts from the University of Arizona.

NAPABA thanks President Biden for nominating Roopali H. Desai and Senator Sinema and Senator Kelly for recommending and supporting her nomination.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.