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Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot Oct 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black Jul 2008

The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black

Faculty Publications

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …


Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks Jun 2008

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks Jun 2008

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Diversity As A Dead-End, Kenneth B. Nunn Apr 2008

Diversity As A Dead-End, Kenneth B. Nunn

UF Law Faculty Publications

Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed institutions to admit significant numbers of the type of individuals that the institutions were lacking. This is precisely what the Supreme Court's cases on diversity do not do. Furthermore, the Supreme Court's view of diversity is flawed because it does not address existing power differentials between Blacks and Whites. As a result diversity, as it is defined by the Supreme Court, is a dead-end for those who are concerned about social justice and equity in higher education.


Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell Jan 2008

Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell

Cleveland State Law Review

Rhetorical Neutrality refers to the middle ground approach adopted by the Supreme Court in its race jurisprudence. This Article examines rhetorical neutrality as evinced in the narratives espoused in the opinions of Justices O'Connor and Thomas. In Grutter, both Justices employ neutral approaches, rooted in colorblindness. However, the underlying rhetoric, or how their reasoning is expressed in their respective opinions, is strikingly distinct. Neither Justice advances a remedial approach; both Justices start with the premise that race is inherently suspect, but their approaches diverge because they view colorblind neutrality in fundamentally distinct ways.