Law Commons^™

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Examining Costs Of Diversity, Eboni S. Nelson

Faculty Publications

Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No. ] and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and continue their pursuit of racially diverse student bodies. This Article questions the wisdom of such a pursuit and urges school officials to pursue measures other than racial diversity to provide equal educational opportunities to minority students.

The Article begins with a discussion of the social, democratic, and educational benefits commonly …

In Defense Of Voluntary Desegregation: All Things Are Not Equal, Derek W. Black

Faculty Publications

This Article analyzes the concept of racial stigma in Justice Kennedy’s controlling opinion in Parents Involved in Community Schools v. Seattle School District No. 1. The Article reveals that Kennedy’s fundamental concern is that using racial classifications to achieve voluntary desegregation racially stigmatizes students. In particular, he assumes that the classifications undermine individualism and reduce children to “racial chits.” He fails, however, to recognize the purpose of voluntary desegregation and the unique characteristics that distinguish it from other race-conscious programs. Kennedy is not alone. Commentators and schools may have “over-defended” voluntary desegregation, articulating multiple justifications rather than focusing on the …