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Full-Text Articles in Law and Race
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
Faculty Scholarship
Is affirmative action in university admissions about to end? As the United States Supreme Court prepares to decide lawsuits against Harvard and the University of North Carolina Chapel Hill (UNC), the outlook for race-conscious admissions policies is not good. Even before its recent rightward shift, the Court had long been hostile to such policies, and many observers think it will now overturn Grutter v. Bollinger and end them altogether. Such a ruling would be a painful and paradoxical twist for civil rights advocates. In a classic turn of Orwellian irony, the plaintiffs challenging affirmative action now call themselves Students for …
“Trumping” Affirmative Action, Vinay Harpalani
“Trumping” Affirmative Action, Vinay Harpalani
Faculty Scholarship
This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by …