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Law and Race Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

2005

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Diversity: A Fundamental American Principle, David Orentlicher Jan 2005

Diversity: A Fundamental American Principle, David Orentlicher

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In this article, Professor David Orentlicher argues that following the U.S. Supreme Court's affirmative action decisions in June 2003, both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity . Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest, diversity is a critical principle for much of American constitutional and social structure. In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to ...