Law Matters: A Conversation With Professor Philip Lee

In this edition of our Law Matters story series, Dean Jelani Jefferson Exum talks with Professor Philip Lee, whose award-winning work as a teacher and scholar bridges education, equity, and the law. His research explores academic freedom, race-conscious admissions, education law, and the legal architecture of educational access, while his teaching empowers students to think critically and advocate effectively on issues of inclusion and social justice. Their conversation delves into what drives Professor Lee’s scholarship, the value of involving students in research, and his quest to create transformational educational opportunities.

JJE: As a teacher and scholar, you explore the intersection of education, equity, and the law. What drew you to that work, and what keeps you engaged in it?

PL: I believe that education is at the center of fulfilling human potential. Understanding who you are, your relationship to society, and your ability to effectuate change are crucial elements of human flourishing. Everyone should have access to this type of educational experience. However, the legal system has both facilitated and hindered equitable access to this experience. I continue to engage in this work because I’m on a quest to create transformational educational opportunities for as many people as possible. 

JJE: What have your teaching experiences taught you about educating America’s future lawyers?

PL: Working in different educational settings over the years has taught me the incredible value that diversity has for students’ learning. Imagine the quality of the discussion if I was teaching about gender discrimination, and there were no women in the classroom. Or if I was teaching about Separate But Equal, and there were no students of color in the class. Or if I was teaching about marriage equality, and there were no LGBTQ+ students in the space. I could imagine that the conversation would be quite superficial as we discussed “those other people’s rights.” It would not go deep enough to explore the real-world effects of the legal rules. Fortunately, I have yet to teach in a non-diverse classroom, so I’ve had students raise their hands and share stories of how they either lived or witnessed the effects of the law. That dialogue makes the learning so much deeper. 

JJE: You involve students in your scholarly work. Why is that important, and what do you hope they gain from the experience?

PL: My students are the next generation of advocates, judges, and scholars. It’s important to help them build a foundation to delve deeply into scholarly debates and understand the issues involved. If they can do this assisting me in my work, they can certainly transfer these skills to their own projects. 

JJE: You received the University of Guelph Faculty Association’s Jay Newman Award for Academic Integrity and were recognized by the Values and Inclusion Program at St. John’s. What do those professional achievements mean to you?

PL: I first explored the concept of academic freedom in a Higher Education Law class at Harvard. We analyzed Regents of the University of California v. Bakke, a 1978 U.S. Supreme Court case about race-conscious admissions in higher education where the Court recognized that the educational benefits of diversity were a compelling state interest. I wanted to learn more, so I decided to write my dissertation on academic freedom at American universities, which I later published as a book. As I continued my scholarly career, I published articles and gave presentations on professorial and student academic freedom. It was gratifying to receive the Jay Newman Award for my work centering on academic freedom, diversity, and education access, and my dedication to teaching and mentoring students. A decade in, I’m seeing the ripple effects of my efforts, which include being nominated by one of my students for the St. John’s Values and Inclusion Program award. I think the nomination and my selection reflect my inclusive vision for what social justice looks like. In class, I try to demonstrate the value of inclusion and to foster students’ awareness that conversations around race and equity are for everyone, not just racial minorities. The student who nominated me is a White student who embraces the critical importance of understanding race and racism in our society to make our world a better place. 

JJE: What ideas or questions are you currently exploring in your scholarship—and how do they speak to this moment in law and society?

PL: After the Supreme Court struck down the educational benefits of diversity in higher education as a compelling government interest in SFFA v. Harvard, I turned my attention to addressing educational access at the K-12 level. I’m writing my next law review article on that topic. Law is a tool kit, and if one tool isn’t working, we must turn to others. If you consider yourself an “equity warrior”—which is something my mentor in graduate school used to call her students—you don’t have the luxury of giving up after a setback.