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Full-Text Articles in Law
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
Law Student Publications
The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.
Why America Still Needs Affirmative Action, Jonathan K. Stubbs
Why America Still Needs Affirmative Action, Jonathan K. Stubbs
Law Faculty Publications
Affirmative action has gotten a bad rap.Many people think of affirmative action as race-based policies that favor unqualified persons because of the color of their skin. Resentments and misunderstandings flow from such perceptions in part because race remains America’s most inflammatory unfinished business.
To ignite a spirited, thoughtful discussion as well as practical action regarding affirmative action, this article briefly discusses what constitutes affirmative action; evaluates why affirmative action programs that consider race, gender, and class remain necessary; and offers some thoughts regarding when affirmative action should end.
An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson
An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson
Law Faculty Publications
This Note argues that if courts choose to reexamine evidence on the value of diversity in higher education, they should not apply the evidentiary requirements that the Supreme Court has applied to cases involving questions of past discrimination. Rather, courts should consider the unique nature of diversity in higher education and the protection afforded the academic context in which the evidence is considered and modify their review of the evidence presented accordingly. Furthermore, this Note argues that the interest of an institution of higher education16 in diversity is "compelling" in light of the evidence that a racially diverse student body …