Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2013

Affirmative Action

Articles 1 - 2 of 2

Full-Text Articles in Law

Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward Nov 2013

Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward

Jennifer Mason McAward

This piece considers three issues relating to the Supreme Court’s upcoming decision in Fisher v. University of Texas: First, how should the Court perform the narrow tailoring inquiry? Is any deference due the University with respect to its choice of means by which it seeks to diversify its class? Second, how should the relatively modest impact of the university’s racial preference impact the Court’s assessment of narrow tailoring? Third, what is the constitutional relevance of Texas’s Top Ten Percent Program? Does the relative success of the program make it a workable race-neutral alternative that constitutionally precludes the school from adding …

Go to article

Doing Affirmative Action, Stephen Clowney Dec 2012

Doing Affirmative Action, Stephen Clowney

Stephen Clowney

Based on the two years I worked in the Admissions Office at Princeton University, I argue that many opponents of racial preferences misunderstand how selective universities evaluate applicants and, as a result, their policy arguments are weaker than generally believed. More specifically, I rebut three major critiques put forth by skeptics of affirmative action. First, I claim that racial preferences are less robust than most critics imagine. Second, I argue that affirmative action imposes fewer costs on both whites and blacks than critics indicate. Finally, I show that racial preferences have less weighty moral consequences than critics believe. In fact, …

Go to article