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Full-Text Articles in Law
Return Of The Campus Speech Wars, Thomas Healy
Return Of The Campus Speech Wars, Thomas Healy
Michigan Law Review
Review of Erwin Chemerinsky and Howard Gillman's Free Speech on Campus.
The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler
The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler
University of Michigan Journal of Law Reform
How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how …
The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff
The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff
University of Michigan Journal of Law Reform Caveat
The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
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 …
(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman
(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman
Michigan Journal of Race and Law
In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational …
Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick
Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick
Michigan Journal of Race and Law
In 2003, the Supreme Court of the United States held that public universities—and the University of Michigan in particular--had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal--called the Michigan Civil Rights Initiative ("MCRI")-that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a number of Michigan universities suggested that they were …
The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte
The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte
Michigan Journal of Race and Law
Student body diversity-and the purported educational benefits diversity bestows- is the final Supreme Court-endorsed justification for affirmative action by public universities. Are the benefits of diversity indeed "substantial," as the Grutter majority claimed? The author analyzes the social scientific research upon which the Court relied in articulating the diversity interest. By critiquing its theory and methodology, the author shows how the research fails to prove educational benefits; and by considering the logic underlying social science generally, he shows how the causal relationship is, technically, not provable. The author questions, then, how the diversity interest can possibly be compelling.
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Michigan Journal of Race and Law
Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …
Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards An Adequate Theory Of Mulitracial Resistance, Maurice R. Dyson
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 …
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Michigan Journal of Race and Law
This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Michigan Law Review
Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …
A General Theory Of Cultural Diversity, Steven A. Ramirez
A General Theory Of Cultural Diversity, Steven A. Ramirez
Michigan Journal of Race and Law
This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Michigan Journal of Race and Law
Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.
The Compelling Need For Diversity In Higher Education, Michigan Journal Of Race & Law
The Compelling Need For Diversity In Higher Education, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
The University of Michigan has brought together a team of leading scholars to serve as its experts in these cases to establish the basis for the University's argument that there is a compelling need for diversity in higher education. Their research is evidence that the use of race in higher education admissions is not only constitutional, but of vital importance to education and to our society.
Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue
Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue
Michigan Journal of Race and Law
At the end of the twentieth century, the United States is a remarkably diverse society. It grows more diverse by the day, transformed by an enormous influx of immigrants from Latin America, the Caribbean, Africa, and Asia. In an increasingly global economy, Americans are coming into contact with others of different cultures to an extent seen only in times of world war. Yet amidst this diversity remains great division. When the young black academic W.E.B. DuBois looked out onto America in 1903, he memorably proclaimed that "the problem of the twentieth century is the problem of the color line." Over …
Expert Report Of Eric Foner, Eric Foner
Expert Report Of Eric Foner, Eric Foner
Michigan Journal of Race and Law
Race has been a crucial line of division in American society since the settlement of the American colonies in the beginning of the 17th century. It remains so today. While the American understanding of the concept of "race" has changed over time, the history of African-Americans provides a useful template for understanding the history of race relations. The black experience has affected how other racial minorities have been treated in our history, and illuminates the ways in which America's white majority has viewed racial difference.
Expert Report Of Patricia Gurin, Patricia Gurin
Expert Report Of Patricia Gurin, Patricia Gurin
Michigan Journal of Race and Law
A racially and ethnically diverse university student body has far-ranging and significant benefits for all students, non-minorities and minorities alike. Students learn better in a diverse educational environment, and they are better prepared to become active participants in our pluralistic, democratic society once they leave such a setting. In fact, patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education. This Report describes the strong evidence supporting these conclusions derived from three parallel empirical analyses of university students, as well as from existing social science theory and research.
Expert Report Of Claude M. Steele, Claude M. Steele
Expert Report Of Claude M. Steele, Claude M. Steele
Michigan Journal of Race and Law
Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.
Expert Report Of Robert B. Webster, Robert B. Webster
Expert Report Of Robert B. Webster, Robert B. Webster
Michigan Journal of Race and Law
The author’s opinions are based primarily upon knowledge and insight gained in the forty years in which he has been a practicing attorney, counselor, arbitrator, mediator, bar officer, and state court judge. Webster’s opinions are also based in part upon materials described in Section IV.B, within.
Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz
Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz
Michigan Journal of Race and Law
While working in this matter, the author undertook the task of analyzing the statistical relationship between law school acceptance and ethnicity. In particular, focusing on the strength of the relationship between law school acceptance and being a member of certain ethnic groups, controlling for qualifications for admission such as undergraduate grade point average, Law School Admission Test score, and selection index, and for other factors such as residency in the State of Michigan, gender, and a measure of economic disadvantage, waiver of the fee for application.
Introduction, Michigan Journal Of Race & Law
Introduction, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with …
Expert Report Of Albert M. Camarillo, Albert M. Camarillo
Expert Report Of Albert M. Camarillo, Albert M. Camarillo
Michigan Journal of Race and Law
At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will …
Expert Report Of William G. Bowen, William G. Bowen
Expert Report Of William G. Bowen, William G. Bowen
Michigan Journal of Race and Law
Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for …
Expert Report Of Kent D. Syverud, Kent D. Syverud
Expert Report Of Kent D. Syverud, Kent D. Syverud
Michigan Journal of Race and Law
Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.
College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim
College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim
Michigan Journal of Race and Law
A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William Bowen
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza