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Full-Text Articles in Law

"Freedom Is Not Enough...": Affirmative Action And J.D. Completion Among Underrepresented People Of Color, Jason M. Scott, Paige Wilson, Andrea Pals Apr 2023

"Freedom Is Not Enough...": Affirmative Action And J.D. Completion Among Underrepresented People Of Color, Jason M. Scott, Paige Wilson, Andrea Pals

AccessLex Institute Research

In Fall 2022, the Supreme Court heard arguments regarding the future of affirmative action in higher education. Initially, affirmative action policies were adopted to give equal opportunity to communities who have been and continue to be harmed by discriminatory systems and practices. As we wait for the Court’s decision, it is crucial to understand how existent affirmative action bans impact underrepresented people of color’s (uPOC) graduate/professional degree attainment. Data from the Integrated Postsecondary Education Data System, the U.S. Census Bureau, and the Center for Reproductive Rights is analyzed to determine whether affirmative action bans decrease the proportion of uPOC completing …


Protecting Diversity: Can We Afford To Throw Out Grutter Before Its Expiration Date?, Jason M. Scott, Paige Wilson, Tiffane Cochran, Andrea Pals Apr 2023

Protecting Diversity: Can We Afford To Throw Out Grutter Before Its Expiration Date?, Jason M. Scott, Paige Wilson, Tiffane Cochran, Andrea Pals

AccessLex Institute Research

With landmark affirmative action decisions pending from the United States Supreme Court in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, this paper examines whether the educational benefits that flow from diversity acknowledged in Grutter v. Bollinger (2003) persist twenty years later in a law school context. Using data from the American Bar Association (ABA), the U.S. Census Bureau, and the Law School Survey of Student Engagement (LSSSE), we model law school campus diversity as a predictor of attrition, predicted law school GPA, and first-time bar …


Evading A Race-Conscious Constitution, Cara Mcclellan Jan 2023

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

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 …