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When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
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This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleging that Harvard engages in intentional discrimination …
Evading A Race-Conscious Constitution, Cara Mcclellan
Evading A Race-Conscious Constitution, Cara Mcclellan
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The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …
Empowering Diversity Ambition: Brummer And Strine’S Duty And Diversity Makes The Legal And Business Case For Doing More, Doing Good, And Doing Well, Lisa Fairfax
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No abstract provided.
Racial Rhetoric Or Reality? Cautious Optimism On The Link Between Corporate #Blm Speech And Behavior, Lisa Fairfax
Racial Rhetoric Or Reality? Cautious Optimism On The Link Between Corporate #Blm Speech And Behavior, Lisa Fairfax
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The summer of 2022 marks the two-year anniversary of the dramatic rekindling of the #BlackLivesMatter movement because of the murders of George Floyd, Breonna Taylor and other unarmed Black people at the hands of police. The summer of 2020 saw cities in the United States and around the world erupt in protest, with calls to dismantle racist policies and practices both in the criminal system and within the broader society, with a particular emphasis on policies and practices impacting Black people. The summer of 2022 also marks the two-year anniversary of the visible and somewhat surprising avalanche of corporate statements …
The Racial Reckoning Of Public Interest Law, Shaun Ossei-Owusu, Atinuke Adediran
The Racial Reckoning Of Public Interest Law, Shaun Ossei-Owusu, Atinuke Adediran
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This Essay contends that segments of public interest law often get a pass on questions of race because it is a field of law that is genuinely concerned with marginalized communities. But the historical record, the dearth of empirical data on race, the homogeneity of the legal profession, and the recognition that no one is necessarily immune from racial biases all demand that the public interest bar reckon with its racial character. The racial oversights of public interest law can manifest themselves in hiring, staffing, organizational mission, leadership, and the actual delivery of legal services. We argue that a racial …
The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff
The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff
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Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …