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Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Monday, June 4, 2018

Should Washington & Lee University Change Its Name?

W&L University LogoInside Higher Education, Race, History and Robert E. Lee:

In recent years, many colleges have studied their histories, publicized their ties to slavery or segregation, and reconsidered symbols that strike critics as inappropriate for an era of inclusiveness. Statues have come down. Buildings have been renamed. New institutional histories have been published.

Washington and Lee University has not been immune. President George Washington provided an initial endowment for the college. Robert E. Lee was president of what was then Washington College from 1865, shortly after he surrendered his army, until 1870, when he died. As president, he led the college to financial stability and expanded the curriculum. His ideas are credited with the eventual development of the university's honor code. Shortly after he died, the board of the college changed the name of the institution to Washington and Lee. All presidents since Lee have lived in his house.

In 2014, the university apologized for having once owned slaves and said it would move Confederate flags near a statue of Lee in a chapel used for key university events. But if university leaders thought at the time that it had responsibly handled its history, they stopped thinking that last summer. The university has always promoted the view of Lee as flawed but worthy of honor. There has been more talk about his military genius and his work after the Civil War to promote reconciliation, and less talk about how he defended a system based on slavery, and participated in that system himself. ...

Will Dudley, president of Washington and Lee, said in a statement following the violence in Charlottesville that "W&L and Lexington have a complex history with regard to the Confederate symbols and figures around which these hateful groups are rallying. Lee, our former president and one of our namesakes, has become a particularly polarizing figure. This gives us a special obligation to be absolutely clear about what we stand for as an institution." The university then appointed a panel to study the university's history and symbols — with everything up for discussion, even the university's name.

That panel has now come forward with numerous recommendations that the university will now review. The panel suggests keeping the university name but making many other changes. Did the panel go too far or not far enough? It depends whom you ask, as the commission is already being criticized for (to some) unfairly diminishing Lee's legacy and (to others) continuing to glorify traditions that should be set aside.

A backdrop to the discussions is the reality that Washington and Lee has struggled to recruit black students — despite a strong academic reputation and generous financial aid. Only 2 percent of Washington and Lee undergraduates are black, while 82 percent are white. The top liberal arts colleges with which W&L competes are far more diverse. At Davidson College, one state away, 7 percent of students are black and 68 percent are white.

The commission noted in its discussion of the university's name that "W&L's affiliation with its namesakes — particularly R. E. Lee — greatly limits the school's ability to attract diverse students, faculty and staff. This is a concern, as the school remains one of the least diverse liberal arts institutions in the nation."

The panel's report covers many parts of Washington and Lee, but much of the attention was on the university's name. The report included several reasons (including the impact on recruiting students) that would justify a name change.

But ultimately it opted to recommend keeping the name. "Changing the name would not change the institution's history or perfect its culture, and runs the risk of denying history rather than learning from it" was one reason the report gave for keeping the name.

And the report also stressed that keeping the name didn't need to equate with the status quo. "The recommendation to retain the name is not passive," the commission report said. "Rather, the commission thought that, at this point, efforts are better spent on concrete recommendations about how best to teach and present the university's history. At this time, the commission believes that W&L can maintain its namesakes while being a relevant, ethical and vibrant 21st-century institution."

The commission also recommended that W&L keep the Generals as its sports teams' name. The commission report noted significant disagreement on the commission and among those with whom its members consulted on this issue. Reasons the commission was urged to change the name include that both Washington and Lee became associated with the university after their military years. Further, "the team name is a vestige of a past era that accepted its association with the Civil War and celebrated its Confederate-cause identity," the commission said.

But the commission said it feared moving to change the name would divert attention from more important issues. And it added that the name "has longevity, popularity and a unifying effect. The name has been in place for decades and is immediately recognized by many university constituencies."

The commission did recommend a number of changes, including how Lee is viewed, however. The commission said that it was important for the university to acknowledge that Lee not only accepted slavery, but accepted the idea that the college he led would educate only white men. And the commission urged the university to teach about Lee's history (and the university's) including links to slavery, segregation and racism. And to put the emphasis on Lee's postwar career, the commission said the university should refer to him as "President Lee" not "General Lee." ...

[A]rticles that have run in The W&L Spectator, a conservative student publication, have questioned the way the commission treated Lee, arguing that the commission is "making a malicious and unrelenting assault on Robert E. Lee." Changing the way Lee is referred to (as something other than General Lee) or removing portraits of him in his Confederate uniform "are unnecessary and offensive to Robert E. Lee," one article said.

New Tork Times op-ed, My University Is Named for Robert E. Lee. What Now?

Legal Education | Permalink


Hell No! Why should they? Someone explain that.

Posted by: Dave Clark | Jun 4, 2018 7:37:40 PM

If W&L wants to go down this path, they should change their name to Dolezal-King Polytechnic, and refocus the curriculum on race & gender critical studies, and perhaps endow a school of Chavistanomics, which would teach how to bankrupt those eeeevil oil companies, and oil-rich economies.

I know it's crazy talk, but once a university decides to get woke, it can save a lot of time, heartache, and minor dumpster fires to go whole Hogg at the outset. Sure, the alums will feel some Missouri, but the idea of getting lit for social justice is Evergreen. What's the worst that could happen?

Posted by: jablonski | Jun 5, 2018 6:17:37 AM

I count myself among those who believe it is never, ever, OK to kill U.S. troops, or to violate an oath of loyalty to the United States, no matter how passionately one believes in moral relativism. But I understand why some people do it: If one can honor a traitor, one has full control over all moral questions, essentially one is entitled to make one's own law, anything can be rationalized. That is a powerful position to be in.

Posted by: Jack | Jun 5, 2018 8:28:43 AM

Another great institution preparing for cannibalization. These commissions are always just a prelude to destruction. At least they prove Carlyle right: "No sadder proof can be given by a man of his own littleness than disbelief in great men."

Posted by: Haven Monahan | Jun 5, 2018 10:51:23 AM

W & L should acknowledge it's racist past. We were told by the admissions office that the law school supported diversity. When we got there, we found confederate flags in the Chapel,

When we met with Dean Demleitner we complained about the lack of diversity at the law school. She told us we should have looked at the law school website. Can you imagine how insensitive this was? The admissions office told us that the law school supported diversity, but the dean told us we should have looked at the website. W & L and the law school needs to acknowledge it's racist past.

Posted by: Alum | Jun 5, 2018 10:53:17 AM

Yes, how about Obama Reeducation and Safe Space Camp #1?

Posted by: Tom McKenna | Jun 5, 2018 12:37:42 PM

This is a dumb battle to fight. Southerners love Robert E. Lee. Military historians regard him as a phenomenally skilled general. The South lost the war. Let the vanquished save a little face and retain a bit of pride and save the political capital for something that matters--like say bringing back labor unions.

These symbolic battles over identity politics nonsense can turn decent people into Trump supporters.

Posted by: Let sleeping dogs lie | Jun 5, 2018 12:54:39 PM

Washington and Lee were accomplished and honorable men. The current generation of the professoriate strike poses while they live off tax money, tuition money from their marks, and the legacy of previous generations. They are seldom accomplished or honorable.

Posted by: Art Deco | Jun 5, 2018 1:59:10 PM

SInce all races, all nationalities, all cultures have, at some point in history or pre-history, used slaves, conquest, and committed other crimes of today's social justice system, perhaps we should just wipe out all names, all items of cultural identity, and just bar-code everyone and everything. But I'll rue the day when we burn the museums and morph completely into the Taliban.

Posted by: ruralcounsel | Jun 7, 2018 4:02:51 AM