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Articles 1 - 11 of 11
Full-Text Articles in Law
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
Akron Law Review
This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.
Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang
Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang
Pace Law Review
The two sides of the debate over race-based affirmative action in higher education tell two distinct stories – one of diversity’s benefits and the other of affirmative action’s burdens. In Grutter v. Bollinger, 539 U.S. 306 (2003), the Supreme Court found the benefits to be so compelling to society that they were deemed to outweigh the burdens. Voters in Michigan and other states found otherwise and the Court in Schuette v. Coalition to Defend Affirmative Action, 572 U.S. — (2014) upheld their right to ban race-conscious admissions. Paradoxically, since the use of race as a “plus factor” by selective universities …
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Gerald Torres
No abstract provided.
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Gerald Torres
No abstract provided.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
john a. powell
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Michael Heise
No abstract provided.
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Stewart J Schwab
No abstract provided.
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Catholic University Law Review
Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic …
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
Publications
Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert
The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert
Book Chapters
Opponents of affirmative action in higher education commonly cite two principles to justify their opposition. One is that admissions to institutions of higher education should be based on "merit," which is often treated by critics of affirmative action as consisting of little more than test score results and high school or undergraduate grades. The second is the legal and moral imperative of not making consequential decisions based on race. We shall not address these principles except to note that others have shown that they do not make the case against affirmative action (Carbado & Harris 2008, Shultz & Zedeck 2011, …