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

Selected Works

2016

Daniel A Farber

Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Outmoded Debate Over Affirmative Action, Daniel A. Farber Aug 2016

The Outmoded Debate Over Affirmative Action, Daniel A. Farber

Daniel A Farber

Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.


Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry Aug 2016

Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …