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Full-Text Articles in Law
The Diversity Feedback Loop, Patrick Shin, Devon Carbado, Mitu Gulati
The Diversity Feedback Loop, Patrick Shin, Devon Carbado, Mitu Gulati
Faculty Scholarship
At some point in the near future, the Supreme Court will weigh in on the permissible scope of affirmative action to increase workplace diversity. Undoubtedly, many scholars will argue that if affirmative action is good for colleges and universities, it is good for workplaces as well. One cannot assess whether this “transplant” argument is right without understanding the complex ways in which diversity initiatives at colleges and universities interact with diversity initiatives at work. The university and the workplace are not separate and distinct institutional settings in which diversity is or is not achieved. They are part of an interconnected …
Cultivating Inclusion, Patrick S. Shin, Mitu Gulati
Cultivating Inclusion, Patrick S. Shin, Mitu Gulati
Faculty Scholarship
In this symposium essay in honor of critical race theory stalwart Mari Matsuda, we discuss two of her essays on affirmative action, "Affirmative Action and Legal Knowledge: Planting Seeds in Plowed-Up Ground" and "Who is Excellent?" We draw on the insights of these essays, one written almost twenty-five years ago and the other over a decade ago, to reflect on currently prevailing justifications for affirmative action, which revolve entirely around debates about diversity. We contrast the production of racial diversity with the more robust concept of affirmative action that Matsuda advocated. We argue that the modern diversity rationale lies at …
Different Strokes For Different Folks: A Different Standard Is Not Inherently A Double Standard, James E. Coleman Jr.
Different Strokes For Different Folks: A Different Standard Is Not Inherently A Double Standard, James E. Coleman Jr.
Faculty Scholarship
During the Senate’s closed confirmation hearings on President Dwight D. Eisenhower’s nomination of George E. Wilson, President of General Motors, to be Secretary of Defense, a senator asked Wilson if he would be able to make decisions as Secretary of Defense that were adverse to General Motors’ interest. Wilson replied that he would, but added he could not imagine having to make such a choice because “[f]or years I thought what was good for the country was good for General Motors and vice versa.” This bit of rhetorical bromide was reported erroneously by the press, which had been excluded from …
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Faculty Scholarship
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)
After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk
After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk
Faculty Scholarship
What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workplaces and labor markets. Underwriting this effort is the notion that, although determining what happens before and during the moment in which a prospective employee is excluded from an employment opportunity …
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Faculty Scholarship
In this Article, the author explores Grutter v. Bollinger from the vantage point of the colorblindness principle. He posits that the Grutter decision is noteworthy for two reasons. First, the Court rejected the argument that the Constitution is colorblind and that the classifications based on race are per se unconstitutional. Second, the Court explicitly recognized that racial categorizations are not all morally equivalent. The author uses classical liberalism as a heuristic for exploring whether the colorblindness argument is necessarily a moral imperative. He ultimately concludes that the Court adopted the correct approach in Grutter in rejecting the allure of the …
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.