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Racial discrimination

Education Law

2012

Articles 1 - 3 of 3

Full-Text Articles in Law

Diversity As A Dead-End , Kenneth B. Nunn Mar 2012

Diversity As A Dead-End , Kenneth B. Nunn

Pepperdine Law Review

No abstract provided.


How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry Mar 2012

How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry

Pepperdine Law Review

In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and upheld the race-based admissions policy against a racial discrimination challenge brought under the Fourteenth Amendment's equal protection clause. Given the rarity of a state action surviving strict scrutiny review, it is instructive to examine the nature of the diversity interest recognized by the Court in …


Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger Jan 2012

Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger

Faculty Scholarship

This issue – affirmative action in higher education – is an issue of enormous significance for the country. So I don't for a second treat this as just another conversation about an important legal question. I think this is one of those issues that define the country.

I'll tell you what I did as President of the University of Michigan, and in the course of that I'll try to explain the ways in which we formulated the cases that went to the Supreme Court and resulted in very important clarifications to the Fourteenth Amendment and affirmative action. Then I want …