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14 Ind. J.L. & Soc. Equal. 1 (2026)

handle is hein.journals/injlaseq14 and id is 1 raw text is: 

1


              Making   Room   for Cultural  Humility  in an Anti-DEI   Space

                                   Shelley Ward Bennett*

          This Article analyzes  the intersection of state anti-diversity, equity, and
   inclusion (DEI)  laws and  the American  Bar  Association (ABA)  Standard  303(c)'s
   cross-cultural competency education  mandate  and  offers suggestions for how these
   policies can coexist. The surge in anti-DEI laws issued in twenty states over the last
   four years has created challenges and  uncertainty for public law schools and their
   professors seeking to include cultural competency  instruction in their curriculum.
   Though  some  have expressed concerns  that the requirements of state anti-DEI laws
   and Standard  303(c) may conflict, this Article proposes that such a conflict should not
   be presumed  because Standard  303(c) serves objectives that are not contrary to anti-
   DEI  laws. This Article is unique in that it comprehensively discusses the variations in
   policies and summarizes   each  anti-DEI statute, executive order, and budget  bill
   governing  institutions of higher education that has been implemented to date. The
   Article dissects ABA Standard  303(c)'s requirements and offers suggestions for how
   law  schools  in anti-DEI  states  can  comply  with  this ABA   directive without
   contravening state law.
          Cultural competency-which   the Article suggests might be better characterized
   as cultural humility-is a critical lawyering skill. It is not a derivative of the much-
   maligned  concept of diversity, equity, and inclusion that has inspired a growing
   number  of anti-DEI laws. It is a professional skill curated by a law school curriculum
   that emphasizes civility, communication, and an appreciation of cultural complexities,
   and prepares students to practice law in a multicultural society. And it is not optional.
   An   understanding  of  cultural competency   is not  only an  ABA accreditation
   requirement; it is a component of the NextGen Bar Exam and a professional necessity.
















*  Assistant Professor of Law and Director of Legal Writing at Thurgood Marshall School of Law at Texas Southern
   University. B.A., Trinity University, 1995; J.D. University of Houston Law Center, 1998. I would like to thank
   my husband, Michael B. Bennett, for his valuable comments on early drafts. I am also grateful to the members of
   The Indiana Journal of Law and Social Equality for their diligent work to improve this Article.