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Full-Text Articles in Law
Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, Philip Lee
Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, Philip Lee
Faculty Publications
Since the 1960s, Asian Americans have been labeled by the dominant society as the “model minority.” This status is commonly juxtaposed against so-called “problem” minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer exist in America. If Asians can succeed against all odds, the reasoning goes, so can everyone else. Further, if a member of a minority group fails, it is because of their own lack of diligence and ambition, and not some supposed systemic unfairness. However, the model minority narrative …
Reading Between The Blurred Lines Of Fisher V. University Of Texas, Eboni S. Nelson
Reading Between The Blurred Lines Of Fisher V. University Of Texas, Eboni S. Nelson
Faculty Publications
After more than eight months of anticipation and speculation, the Supreme Court finally issued its opinion in Fisher v. University of Texas at Austin. Contrary to fears held by some and hopes held by others, the Court did not use the case as an opportunity to overrule Grutter v. Bollinger, thereby prohibiting the consideration of race in higher education admissions decisions. Instead, the Court vacated the Fifth Circuit’s decision upholding the University of Texas’ (“UT” or “University”) race-based admissions policy and remanded the case “for further proceedings consistent with [the] opinion.”
At first glance, the majority opinion authored by Justice …
Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black
Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black
Faculty Publications
This symposium paper analyzes Fisher v. Texas in the context of the Supreme Court's overall race jurisprudence, demonstrating that the Court's decisions are driven by the form that considerations of race take rather than how those considerations actually operate. The University of Texas admissions plan, when compared to the admissions plan approved at the University of Michigan Law School in Grutter v. Bollinger, is very narrowly tailored. The University of Texas considered race in a smaller portion of admissions decisions and in a more limited way, even when race was considered. The Supreme Court, however, expressed serious skepticism of the …
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
Faculty Publications
The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …
Forty Years After Title Vii: Creating An Atmosphere Conducive To Diversity In The Corporate Boardroom, Donald J. Polden
Forty Years After Title Vii: Creating An Atmosphere Conducive To Diversity In The Corporate Boardroom, Donald J. Polden
Faculty Publications
This article analyzes affirmative action in employment: one of the most controversial government policies of the last decade, and one that continues to divide the passions and sensibilities of Americans. This article also addresses the effects of Title VII on employment opportunities for women. In particular, the article considers how successful the fundamental policies of Title VII have been in increasing diversity on corporate boards of directors, and investigates whether increased diversity will improve the performance of publicly traded companies.