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Our Policy Positions

Our Positions

  • Access to Justice

    Access to justice means ensuring adequate funding for both civil legal services for the poor and for the courts, so that those who need to turn to the justice system to protect their rights or resolve their disputes will find the sufficient staff and resources to assist them.

  • Criminal Justice

    The BBA believes that the primary concern of a criminal justice system should be promoting public safety and ensuring fair treatment for all citizens. In pursuit of this goal, the BBA has a long history of advocating for policies which are consistent, fiscally responsible and guarantee that the administration of justice in Massachusetts is impartial.

  • Civil Rights & Civil Liberties

    The Massachusetts Constitution — the nation's first and oldest — stands as a beacon for fair and equal treatment under the law for every citizen. It is fitting, then, that the BBA has a long record of voicing opposition to and mobilizing resources against threats to civil rights and civil liberties. Our work in this area spans affirmative action, the right to vote, and same-sex marriage. It also includes the right to privacy, freedom of speech, the balance between liberty and security.

  • Practice of Law

    The BBA inspires the vigorous pursuit of ideas, critical analysis and civic engagement in order to advance the practice of law as a business and a profession and has always worked to integrate opportunities for dynamic change and to exercise judgment and creativity in offering solutions for problems.

  • Children & Families

    The BBA is attentive to legislative matters regarding the care, protection, and support of children, as well as other family-related legal issues. Our vibrant Family Law Section frequently concerns itself with procedural and administrative matters relating to the Probate and Family Court and maintains a continuing dialogue with its judges.

Boston Bar Urges U.S. Supreme Court to Affirm Race Conscious Admissions at U. of Texas

Tuesday, August 14, 2012
In a closely watched case that will have ramifications for all who have a stake in advancing diversity in the legal profession -- and for that matter any profession requiring a college or graduate degree -- the Boston Bar Association today announced that it has filed an amicus brief in Fisher v. University of Texas, et. al., Supreme Court of the United States No. 11-354. The question the Supreme Court is expected to answer is "Whether [the] Court's decisions interpreting the Equal Protection Clause of the 14th Amendment, including Grutter v. Bollinger, permit the University of Texas at Austin's use of race in undergraduate admission decisions."

Joining the BBA in its amicus brief is a coalition of organizations united by a shared commitment to advancing diversity in the legal profession. These organizations share the BBA's concern for diversity in higher education, recognizing that diversity within the legal profession cannot be achieved without a pipeline of diverse law school students, and diversity at the law school level, in turn, cannot be supported without diverse representation in undergraduate institutions. Signatories to the BBA's amicus brief include major employers such as EMC Corporation, a world leader in cloud computing and data storage; and National Grid USA, a company serving more than 7 million gas and electric customers; as well as the City of Boston; the Office of the General Counsel of Partners HealthCare System, Inc.; Greater Boston Legal Services; 10 other bar associations, and 22 well-respected private law firms.

"The filing of the brief we announced today underscores our values as an institution, and builds on many of the points made in the BBA's amicus brief in Grutter v. Bollinger in 2003," said BBA President Lisa C. Goodheart. "Getting into college is a key step on the path to becoming an attorney. For that reason, ensuring that undergraduate institutions as well as law schools have the tools they need to admit racially and ethnically diverse classes of students is critically important in terms of our goal of achieving greater diversity and inclusion within the legal profession."

The brief submitted to the Supreme Court in Fisher highlights the value of race-conscious admissions policies, and makes these and other points:

  • Persons of color remain significantly under-represented in undergraduate student bodies, law schools and, consequently, the legal profession.
  • Under-representation of lawyers of color harms the legal profession and society as a whole.
  • According to the 2010 U.S. Census, 27.6 per cent of the population are persons of color. In contrast, persons of color accounted for only 11.1 per cent of the legal profession as of 2011.
  • Between 2000 and 2009, the enrollment of law students of color increased by only 1.3 per cent.
  • The lack of diversity in the legal profession erodes public confidence in the judicial system.
  • Diversity within the bar increases the capacity to provide culturally competent legal services to all clients, including some of the most disenfranchised populations seeking access to justice.
  • The legal profession needs diversity in its ranks, and the additional skills and perspectives which diverse attorneys possess, in order to effectively attract, represent, and retain an increasingly diverse client base here and abroad.
  • For many businesses, diversity is not only a matter of what may be socially desirable or just, but also a matter of sound business practices and economic survival.
  • The limited use of race in educational admissions processes remains vital to the legal profession’s efforts to achieve racial and ethnic diversity.

The BBA's brief in Fisher was drafted by Jonathan M. Albano, a Partner at Bingham McCutchen and Deana K. El-Mallawany and Caleb Schillinger, both associates at the firm.

Advancing diversity and inclusion is something the BBA strives for continuously -- as demonstrated by the activities of its Diversity & Inclusion Section, and also by the BBA's institutional relationships with the affinity bar associations which are provided with offices at the BBA's headquarters on Beacon Hill. Diversity pipeline programs developed by the BBA include a Summer Jobs Enrichment Program for high school students conducted in partnership with the Boston Public Schools and the Boston Private Industry Council, and a new partnership with the Boston Debate League, which works with students in the City's high schools.

Below is a full list of signatories to the BBA's amicus brief in Fisher:

EMC Corporation 
National Grid USA 
City of Boston

Anderson & Kreiger LLP
Brennan, Dain, Le Ray, Wiest, Torpy & Garner, P.C.
Brown Rudnick LLP
Burns & Levinson LLP
Collora LLP
Davis, Malm & D'Agostine, P.C.
Edwards Wildman Palmer LLP
Foley Hoag LLP
Goulston & Storrs - A Professional Corporation
Greater Boston Legal Services 
Krokidas & Bluestein 
Looney & Grossman LLP
Medical-Legal Partnership | Boston, a program of Third Sector New England, Inc.
Morgan, Brown & Joy, LLP
Nixon Peabody LLP
Office of the General Counsel, Partners HealthCare System, Inc.
Prince Lobel Tye LLP
Rackemann, Sawyer & Brewster
Rose, Chinitz & Rose
Sherin and Lodgen LLP
Sugarman, Rogers, Barshak & Cohen, P.C.
Sunstein Kann Murphy & Timbers LLP
Verrill Dana LLP
Yurko, Salvesen & Remz, P.C. 
Zalkind, Rodriguez, Lunt & Duncan, LLP

The Asian American Lawyers Association of Massachusetts
Massachusetts Association of Hispanic Attorneys 
Massachusetts Black Lawyers Association 
The Massachusetts Black Women Attorneys
Massachusetts LGBTQ Bar Association 
South Asian Bar Association Greater Boston 
Women's Bar Association of Massachusetts

Beverly Hills Bar Association 
The Cincinnati Bar Association 
Bar Association of San Francisco

The Boston Bar Association is a non-profit, voluntary membership organization of 10,000 attorneys drawn from private practice, corporations, government agencies, legal aid organizations, the courts, and law schools. It traces its origins to meetings convened by John Adams, the lawyer who provided pro bono representation to the British soldiers prosecuted for the Boston Massacre and went on to become the second president of the United States.
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As a well-known innovator and opinion leader, the BBA is at the forefront of promoting justice and improving access to the legal system in Massachusetts. The Business Litigation Session of the Superior Court, the Uniform Probate Code, and our successful argument asserting the First Amendment rights of private parties, including bar associations, found in the R.E.B.A. v. N.R.E.I.S amicus brief are just three of the positive changes we have helped make a reality.