Add to ORKGThis essay is part of a symposium on affirmative action that took place at the University of Cincinnati with the distinguished legal scholar Ronald Dworkin. I argue against affirmative action. And I discuss at length the votes of Justice Sandra Day O'Connor and the dissent of Justice Clarence Thomas. I develop the idea of idiosyncratic excellence; and I argue that diversity is a weakness insofar as it (a) an excuse for social myopia and (b)an impediment to individuals seeing beyond their differences and affirming the excellences that they witness. The expected publication date, Univ of Cinn Law Review, is March 2004
Diversity is largely accepted as a positive value in American society. Nevertheless, policies to enc...
This essay poses a challenge for increased diversity in the legal profession and legal institutions....
Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed i...
This essay is part of a symposium on affirmative action that took place at the University of Cincinn...
In this article, Professor David Orentlicher argues that following the U.S. Supreme Court\u27s affir...
Skin color and diversity are not synonymous. Furthermore, race provides no basis upon which to stere...
The concept of diversity undermines the true spirit of any affirmative action policy, which is to re...
Ideologies are most successful (or most dangerous) when they become common-sense—when they become wi...
It is striking that a word which a generation ago carried no particular moral weight and had, at mos...
For the past 40 years, the constitutionality of affirmative action has rested on a central idea: rac...
How is diversity measured? When is diversity sufficient? The Supreme Court has pressed these hard qu...
For four decades, the diversity rationale has offered a lifeline to affirmative action in higher edu...
Legality and efficacy call for reframing the affirmative-action debate within a broader institutiona...
Peter Schuck\u27s new book, Diversity in America: Keeping Government at a Safe Distance, offers an a...
In several cases addressing the constitutionality of affirmative action admissions policies, the Sup...
Diversity is largely accepted as a positive value in American society. Nevertheless, policies to enc...
This essay poses a challenge for increased diversity in the legal profession and legal institutions....
Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed i...
This essay is part of a symposium on affirmative action that took place at the University of Cincinn...
In this article, Professor David Orentlicher argues that following the U.S. Supreme Court\u27s affir...
Skin color and diversity are not synonymous. Furthermore, race provides no basis upon which to stere...
The concept of diversity undermines the true spirit of any affirmative action policy, which is to re...
Ideologies are most successful (or most dangerous) when they become common-sense—when they become wi...
It is striking that a word which a generation ago carried no particular moral weight and had, at mos...
For the past 40 years, the constitutionality of affirmative action has rested on a central idea: rac...
How is diversity measured? When is diversity sufficient? The Supreme Court has pressed these hard qu...
For four decades, the diversity rationale has offered a lifeline to affirmative action in higher edu...
Legality and efficacy call for reframing the affirmative-action debate within a broader institutiona...
Peter Schuck\u27s new book, Diversity in America: Keeping Government at a Safe Distance, offers an a...
In several cases addressing the constitutionality of affirmative action admissions policies, the Sup...
Diversity is largely accepted as a positive value in American society. Nevertheless, policies to enc...
This essay poses a challenge for increased diversity in the legal profession and legal institutions....
Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed i...