Law Commons^™

Schuette V. Coalition To Defend Affirmative Action, Wilson Huhn

Con Law Center Amicus Briefs

The purpose of this brief is to place the dispute over affirmative action in Michigan’s public universities within a broader historical context. State constitutional amendments such as Proposal 2 are not uncommon in American history. In reaction to calls for reform from a minority group – whether it be the end of slavery, the enactment of non-discrimination laws, or the adoption of voluntary programs of racial integration – the majority has often responded by attempting to prevent the debate from occurring, by denying members of the minority group the opportunity to participate in the political process, or by making it …

The Aesthetics Of Affirmative Action, Brian Soucek

Studio for Law and Culture

Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …

Casting Shadows: Fisher V. University Of Texas At Austin And The Misplaced Fear Of "Too Much" Diversity, Susannah W. Pollvogt

Maryland Law Review Online

No abstract provided.

The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article proceeds in three parts. In Part I of this article, I provide a narrative of affirmative action jurisprudence in higher education, with a particular focus on the meaning of viewpoint diversity in higher education. This section tracks the definitional shift in preference policies from their original design as remedial and compensatory programs for those suffering the effects of educational discrimination to interest convergence programs, which assure equal benefits irrespective of race. In Part II, I explore the circumstances giving rise to Fisher, including an overview of the lower court decisions. This section presents a discussion of the likely …

The Employment And Economic Advancement Of African-Americans In The Twentieth Century, Kenneth G. Dau-Schmidt, Ryland Sherman

Articles by Maurer Faculty

In this article we examine the progress of African–Americans in the American labour market over the course of the twentieth century. We trace their progress as African-Americans moved from low-skill low-wage jobs in southern agriculture to a panoply of jobs including high-skill, high-wage jobs in industries and occupations across the country.We also document the migrations and improvements in educational achievement that have made this progress possible. We examine the progress yet to be made and especially the problems of lack of education and incarceration suffered by African–American males. Finally, we examine the importance of anti-discrimination laws and affirmative action in …

Reimagining Merit As Achievement, Aaron N. Taylor

All Faculty Scholarship

Higher education plays a central role in the apportionment of opportunities within the American meritocracy. Unfortunately, narrow conceptions of merit limit the extent to which higher education broadens racial and socioeconomic opportunity. This article proposes an admissions framework that transcends these limited notions of merit. This “Achievement Framework” would reward applicants from disadvantaged backgrounds who have achieved beyond what could have reasonably been expected. Neither race nor ethnicity is considered as part of the framework; however, its nuanced and contextual structure would ensure that racial and ethnic diversity is encouraged in ways that traditional class-conscious preferences do not. The overarching …

Keeping Up With Jim Jones: Pioneer, Taskmaster, Architect, Trailblazer, Kimberlé W. Crenshaw

Faculty Scholarship

It is a special honor to have this opportunity to celebrate Professor Jim Jones's pivotal role in integrating the ranks of the law professoriat. Jim Jones was of course not the only one who hoped that the number of minority law professors would swell as the number of law graduates increased, but unlike those who simply watched and waited, Jim Jones decided to actually do something about the infamous "pool problem" in legal education.

Through his innovation, mentoring, and dogged advocacy, Jim Jones put action to passion, quietly, deliberately, and diligently creating a pipeline of minority law teachers. I know …

Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz

Articles

Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of …

Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart

Publications

Each time that the continued legality of race-conscious affirmative action is threatened, colleges and universities must confront the possibility of dramatically changing their admissions policies. Fisher v. University of Texas, which the Supreme Court will hear this year, presents just such a moment. In previous years when affirmative action has been outlawed by ballot initiative in specific states or when the Court has seemed poised to reject it entirely, there have been calls for replacing race-conscious admissions with class-based affirmative action. Supporters of race-conscious affirmative action have typically criticized the class-based alternative as ineffective at maintaining racial diversity. This …