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Full-Text Articles in Law

Big Data Affirmative Action, Peter N. Salib Nov 2022

Big Data Affirmative Action, Peter N. Salib

Northwestern University Law Review

As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …


Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut Jun 2018

Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut

Northwestern University Law Review

Ideologies are most successful (or most dangerous) when they become common-sense—when they become widely accepted, taken-for-granted truths—because these truths subsequently provide implicit guidelines and expectations about what is moral, legitimate, and necessary in our society. In Regents of University of California v. Bakke, the Court, without a majority opinion, considered and dismissed all but one of several “common-sense” rationales for affirmative action in admissions. While eschewing rationales that focused on addressing discrimination and underrepresentation, the Court found that allowing all students to obtain the educational benefits that flow from diversity was a compelling rationale—essential, even, for a quality education. …


Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus Jan 2015

Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus

Northwestern University Law Review

No abstract provided.


Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes Jan 2015

Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes

Northwestern University Law Review

No abstract provided.