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

Law Commons

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

2004

Yeshiva University, Cardozo School of Law

Affirmative action

Articles 1 - 1 of 1

Full-Text Articles in Law

Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams Jan 2004

Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams

Faculty Articles

At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …