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Law and Race

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Boston University School of Law

Faculty Scholarship

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Education

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Articles 1 - 4 of 4

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Diversity Drift, Jonathan Feingold Jan 2019

Diversity Drift, Jonathan Feingold

Faculty Scholarship

Diversity may be under attack in the age of Trump, but higher education in America has its own diversity problem. If mission statements and strategic plans offer any guidance, many of America’s colleges and universities actively value diversity. Yet even as calls for diversity grow, these calls far too often lack a clear and coherent normative anchor. Institutions often seek “diversity” without first having done the work to define, precisely, why they want diversity, or to identify, concretely, what sorts of diversity will get them there.

As a result, universities have become susceptible to diversity drift, whereby good intentions invite …


Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza Jan 2013

Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza

Faculty Scholarship

In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …


Cracking The Egg: Which Came First—Stigma Or Affirmative Action?, Angela Onwuachi-Willig, Emily Houh, Mary Campbell Oct 2008

Cracking The Egg: Which Came First—Stigma Or Affirmative Action?, Angela Onwuachi-Willig, Emily Houh, Mary Campbell

Faculty Scholarship

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based affirmative action policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, …


For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …