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Golden Gate University Law Review

Affirmative action

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The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius Sep 2010

The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius

Golden Gate University Law Review

This Comment will begin by examining the facts and procedural history of the Hopwood case. It will discuss background information relevant to understanding affirmative action and the precedent used by the Fifth Circuit, most notably the Bakke decision. This Comment will also examine the application of affirmative action in higher education admissions policies. It will evaluate the Fifth Circuit's reasoning for contradicting Bakke when the Fifth Circuit concluded that racial considerations are impermissible in admission plans in higher education. Finally, this Comment proposes that the Fifth Circuit was hasty in rendering its conclusion.


What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky Sep 2010

What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky

Golden Gate University Law Review

This afternoon I want to discuss what would be the impact of eliminating affirmative action. To do this, I want to focus on what I see as the myths of affirmative action and then the realities of affirmative action. I believe that the popular discussion of this important and divisive topic is very much distorted by certain myths. I would identify for you three myths of affirmative action.