Tag Archives: Affirmative Action

How Much Deference Will be Given to Affirmative Action Plans Fashioned by Students, and to Affirmative Action Plans More Generally? Part Three in a Series on the Challenge to Harvard Law Review’s Diversity Program

In this third and final column in a series about the legal challenge to Harvard Law Review’s diversity program, Illinois law dean Vikram David Amar and professor Jason Mazzone consider how much deference courts should give to law reviews when they assert diversity as a basis for considering race and gender. Amar and Mazzone anticipate that even in the unlikely event that this lawsuit reaches the Supreme Court, any fundamental changes to existing affirmative action doctrine would likely require the Court to weigh in on multiple cases over an extended period.

Can Law Reviews Take Race and Gender Into Account in Selecting Members (and Also Articles)? Part One in a Series

In this first of a series of columns, Illinois law dean Vikram David Amar and professor Jason Mazzone comment on a legal challenge to the practice by Harvard Law Review of taking into consideration race, gender, and other demographic factors when making membership decisions. Amar and Mazzone highlight some of the hurdles the challenger faces in establishing standing— the right to have the dispute heard in a federal forum.

Why One Can Support Affirmative Action but Oppose Favoring Whites Over Asians When Administering It

Illinois Law dean and professor Vikram David Amar comments on the recent indications that the Trump Justice Department will investigate and possibly sue colleges and universities that make use of race-based affirmative action. Without expressing views as to the merits of pending lawsuits, Amar explains how one can simultaneously support race-based affirmative action and oppose the so-called “Asian penalty”—that is, systematically requiring Asian American applicants to have higher scores than white applicants.

What Do Colleges Have to Fear From Trump Justice Department’s Anti-Affirmative Action Policy?

Cornell University law professor Michael C. Dorf highlights some potentially dangerous consequences of the Justice Department’s recent indication that it would be investigating and suing colleges and universities that practice affirmative action. Dorf points out that the executive branch holds significant power over both public and private universities and colleges, and that it could exercise that power to induce significant changes in admissions policies.

Justice Kennedy’s Majority Opinion in the Fisher Affirmative Action Ruling Muddles Even as It Illuminates

Dean and law professor at Illinois Law, Vikram David Amar comments on Justice Anthony Kennedy’s majority opinion last week in Fisher v. Texas, where the U.S. Supreme Court upheld the part of the University of Texas undergraduate admissions policy that formally takes the race of individual applicants into account in admitting a portion of the entering freshman class. Amar praises the opinion for being more forthright than other majority opinions of the Court in this area of law, but he expresses concern that in some respects Justice Kennedy’s language may actually obfuscate the legal doctrine at issue.

How One Might Have Answered Justice Scalia’s Questions (About the Mismatch Theory) at Oral Argument in the Fisher Case

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, discuss Justice Scalia’s provocative comments during last week’s oral argument in Fisher v. University of Texas. Amar and Schaps point out that viewed in the most charitable light, Justice Scalia’s comments are actually an attempt to articulate an academic theory—known as mismatch theory—not simply bare racism. Though the authors are not persuaded of mismatch theory, they critique Scalia’s assumption that truth of the theory would compel the abolition of affirmative action altogether.

Is the Texas Ten Percent Plan “Race Neutral”?

In light of the oral argument before the U.S. Supreme Court in Fisher v. University of Texas at Austin, Cornell University law professor Michael Dorf considers whether the school’s Ten Percent Plan is “race neutral.” Dorf distinguishes race consciousness from racial classifications, and he points out that Justice Kennedy—the Court’s usual swing vote on such issues—has historically found that distinction to be significant.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more