Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Affirmative action

Education Law

Pace University

Articles 1 - 1 of 1

Full-Text Articles in Law and Race

The Paradox Of Race-Conscious Labels, Leslie Y. Garfield Jan 2014

The Paradox Of Race-Conscious Labels, Leslie Y. Garfield

Pace Law Faculty Publications

Labeling affirmative action laws with integrity is a hopelessly paradoxical pursuit. This article illustrates the consequences of such a pursuit. Section I traces the origins of the Top Ten Percent Law, which arose as a legislative protest to the Fifth Circuit's rejection of the use of race in admissions decisions. This section provides an in-depth understanding of the Top Ten Percent Law and concludes with a detailed analysis of the Fisher decision. Section II supplies an explanation of the majority's conclusion to treat the Top Ten Percent Law as race-neutral and provides detailed support for Justice Ginsburg's ...