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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 …
The Need For An Asian American Supreme Court Justice, Vinay Harpalani
The Need For An Asian American Supreme Court Justice, Vinay Harpalani
Faculty Scholarship
In her insightful Comment on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (hereinafter SFFA cases), Dean Angela Onwuachi-Willig critiques Chief Justice Roberts’s majority opinion for its “simplistic understanding of race and racism.” She interrogates the “doxa” — the “unexamined cultural beliefs” that structure the majority’s narrative on racial experiences. Onwuachi- Willig elucidates how Chief Justice Roberts accepts whiteness as a tacit norm and ignores the marginalization of people of color. She contrasts this with the “fuller” history of American racism brought forth by Justices …
From The Devine Gift To The Devil's Bargains: Asian Americans In The Ideology Of White Supremacy, Vinay Harpalani
From The Devine Gift To The Devil's Bargains: Asian Americans In The Ideology Of White Supremacy, Vinay Harpalani
Faculty Scholarship
White supremacy is complex, evolving, and ever nuanced in all of its aspects, including its positioning of Asian Americans. Through different lenses, Stacy Hawkins, Robert Chang, Matthew Shaw, and Shakira Pleasant challenge me to interrogate this positioning even further. My reply can only begin to do so, but this colloquy will also inspire my future writings. In delineating my thoughts, I also draw inspiration from my mentor, the late Derrick Bell, whose insights have consistently informed my work.