Legal Education Commons^™

Not White Enough, Not Black Enough: Reimagining Affirmative Action Jurisprudence In Law School Admissions Through A Filipino-American Paradigm, Joseph D. G. Castro

Pepperdine Law Review

Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O’Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven “diversity” initiatives in higher education, and the continued surge of identity politics in the mainstream. So much has been written on affirmative action—what else could this Comment add to the conversation? Analyzing the Court’s application of strict scrutiny through a Filipino- American paradigm, this Comment ultimately concludes that affirmative action in …

Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee

Michigan Law Review

Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of …

Use Of Economic-Based Affirmative Action In College Admissions, Torrino Travell Travis

Florida A & M University Law Review

Preferential treatment based on race is currently on life support and will soon die as a part of the college admissions process. However, banning racial preference in college admissions does not mean the end of minorities receiving preferential treatment in college admissions. Recently, federal courts have begun to hold that colleges may give preferential treatment and use various criteria in compiling its student body; however, these criteria must be race neutral. Part I of this note discusses Grutter v. Bollinger. Part II argues that admissions committees will still be able to give deserving minorities special consideration under a race neutral …

Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus

Northwestern University Law Review

No abstract provided.

Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes

Northwestern University Law Review

No abstract provided.

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

University of Massachusetts Law Review

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers. The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on testing …

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Michigan Journal of Race and Law

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …

Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun

Michigan Journal of Race and Law

This Essay examines affirmative action, while discussing its fall in California, Washington State, and ultimately Michigan.

A Summary Of "Systemic Analysis", Richard H. Sander

Journal of Race, Gender, and Ethnicity

No abstract provided.

Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Response To Professor Sander, Douglas D. Scherer

Journal of Race, Gender, and Ethnicity

No abstract provided.

Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught In The Crossfire, William C. Kidder

Michigan Journal of Race and Law

The author concludes that Espenshade and Chung's inattention to the distinction between negative action and affirmative action effectively marginalizes APAs and contributes to a skewed and divisive public discourse about affirmative action, one in which APAs are falsely portrayed as conspicuous adversaries of diversity in higher education. The author will also argue that there is ample reason to be concerned about the harmful effects of divisive and empirically unsupported claims about APAs influencing the public debate over affirmative action, particularly in Michigan, where an anti-affirmative action initiative nearly identical to California's Proposition 209 will appear on the November 2006 ballot. …

Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards An Adequate Theory Of Mulitracial Resistance, Maurice R. Dyson

Michigan Journal of Race and Law

This Article is divided into five parts. Part I briefly places the significance of the Supreme Court's affirmative action ruling in Grutter v. Bollinger in context, particularly the implications of its recommended twenty-five year timeframe in recognizing racial diversity. Part II examines the dangerous consequences of implicit assumptions underlying the RPI. More specifically, I investigate the potential ramifications the RPI would have had upon multiple sectors of our society, including healthcare, education, and law enforcement. In the process, I attempt to demonstrate that the concept of racial privacy is a strategic misnomer intended not to protect one's privacy, but rather …

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

Prologue: Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Luke Charles Harris

Michigan Journal of Race and Law

The brief of Amici Curiae on Behalf of a Committee of Concerned Black Graduates of ABA Accredited Law Schools in Grutter v. Bollinger was written so as to intervene and to assist in the refraining of the public debate surrounding minority admissions programs in institutions of higher education.

Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Mary Mack Adu Esq.

Michigan Journal of Race and Law

In the Supreme Court of the United States. Barbara Grutter V. Lee Bollinger

"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 …

Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson

Seattle University Law Review

This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …

Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig

Michigan Journal of Race and Law

This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring

Kentucky Law Journal

No abstract provided.

Empowerment And Achievement In Minority Law Student Support Programs: Constructing Affirmative Action, Leslie G. Espinoza

University of Michigan Journal of Law Reform

Part I of this Article reviews the findings of the LSAC Report. The LSAC Report is a good beginning for an understanding of the structure of current minority academic support programs. The data provided by the Report, particularly regarding student selection criteria, demonstrates the link between support programs and affirmative action. Part II explores the stigma exacerbated by many academic support programs and the prejudice that stigma perpetuates. Part III examines law school myopia in approach and design of academic support programs. Academic support should do more than reiterate, albeit at a slow and studied pace, earlier classroom material. Students …

Affirmative Action On Law Reviews: An Empirical Study Of Its Status And Effect, Frederick Ramos

University of Michigan Journal of Law Reform

This Note discusses the issues involved in affirmative action on law reviews. Part I examines law review affirmative action admissions schemes and alternative types of affirmative action programs. Part II considers the arguments supporting and opposing the implementation of affirmative action programs by law reviews. Part III presents the results of a survey of law reviews concerning affirmative action. This Note concludes that affirmative action programs are the most effective means of increasing minority membership on law reviews, but that law reviews may increase minority membership through other methods.

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …

The Cost Of Equality: Civil Rights During Periods Of Economic Stress, Harry T. Edwards

Law Quadrangle (formerly Law Quad Notes)

Many minority workers, only recently hired under affirmative action programs, have been laid off during the present recession under "last hired, first fired " seniority systems. Thus it has been claimed that the gains in equal opportunity employment that have been made over the last ten years are in danger of being lost through layoffs in the recession of the '70's.

Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh

IUSTITIA

It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …

The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger

Cleveland State Law Review

The primary purpose of this study was to examine law professors' opinions on selected areas of the professor-student relationship with primary focus on the professors' views of and reactions to women law students. A secondary purpose of the study was to stimulate law professors to examine their attitudes and behavior toward women law students.

Equal Protection, Affirmative Action And Racial Preferences In Law Admissions: De Funis V. Odegaard, Arval A. Morris

Washington Law Review

The purpose of this article is to explore the constitutional dimensions of the equal protection problem presented by a law school's voluntary adoption of racial classifications in a preferential admissions policy, and to do so, in part, by focusing on the recent case of De Funis v. Odegaard.