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A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein Aug 2002

A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein

Michigan Law Review

I am honored to participate in a symposium on the occasion of the lOOth anniversary of one of America's preeminent law reviews. I am saddened, however, to write, at what should be a moment of celebration, with the knowledge that both the Law School and the College of Literature, Science and the Arts are enmeshed in extensive litigation over the critical and explosive issue of affirmative action. To find striking evidence of the deep split of learned judicial views on this issue, it is necessary to look no further than the sequence of opinions in Gratz v. Bollinger and ...


Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr. Aug 2002

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were ...


The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu Mar 2002

The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu

Michigan Law Review

Last Term, the Supreme Court turned down two invitations to resolve the constitutionality of affirmative action in college and university admissions. In May 2001, the Court for the second time declined to review a Fifth Circuit decision holding that the use of racial preferences to achieve diversity in the student body serves no compelling interest. A few weeks later, the Court let stand a conflicting Ninth Circuit decision that upheld a .law school affirmative action policy on the ground that "educational diversity is a compelling governmental interest that meets the demands of strict scrutiny." The legal controversy over admissions preferences ...


The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines Jan 2002

The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines

Kentucky Law Journal

No abstract provided.


"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance Jan 2002

"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance

Michigan Journal of Gender & Law

Back in 1998, the Michigan Journal of Gender & Law expressed support for the University of Michigan Law School's defense of its affirmative action policy, which is at controversy in Grutter v. Bollinger. Today, as in 1998, "[W]e certainly do not believe the Law School admissions policy truly addresses the inequalities within our law school and the legal profession generally. Legal education is unfortunately not a bastion of diversity." Women and students of color struggle to be heard and seen, and to achieve equal representation in both the study and practice of law. "Without active efforts, we cannot create a society with equal opportunity for people of different races, genders, and sexual orientations. We strive for such a reality, and we hope that the Law School will not be prohibited from trying to move us there. Diversity is more than a method of enhancing the intellectual experience of law students or a narrow manifestation of 'fairness' which should be protected; it is justice that the Law School, its faculty, and its students are affirmatively obligated to seek out." Now, three years later, the validity of the Law School's affirmative action policy still hangs in the balance. Unfortunately, the most recent decision in the matter was not favorable for supporters of affirmative action. Now more than ever, the Michigan Journal of Gender & Law stands by the Law School and its policies. As a journal, however, we also are committed to providing a forum for the discussion of all views, regardless of whether ...