Abstract

http://ssrn.com/abstract=2145705
 


 



Affirmative Action and Academic Freedom: Why the Supreme Court Should Continue Deferring to Faculty Judgments about the Value of Educational Diversity


Steve Sanders


University of Michigan Law School

September 12, 2012

Indiana Journal of Law and Social Equality, Forthcoming
U of Michigan Public Law Research Paper No. 291

Abstract:     
This term in Fisher v. University of Texas, the Supreme Court will revisit Grutter v. Bollinger as it decides the constitutionality of a race-conscious admissions program at UT’s flagship campus in Austin. Many commentators have speculated that Grutter itself may be overruled. In a forthcoming essay in the new Indiana Journal of Law and Social Equality, I argue that overturning Grutter would have alarming legal consequences for public higher education. In doing so, the Court would be repudiating a long and important line of jurisprudence respecting the freedom of universities — acting upon the good faith educational judgments of their faculties — to determine for themselves how best to carry out their academic missions.

Number of Pages in PDF File: 11

Keywords: Grutter v. Bollinger, academic freedom, affirmative action

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Date posted: September 13, 2012 ; Last revised: September 21, 2012

Suggested Citation

Sanders, Steve, Affirmative Action and Academic Freedom: Why the Supreme Court Should Continue Deferring to Faculty Judgments about the Value of Educational Diversity (September 12, 2012). Indiana Journal of Law and Social Equality, Forthcoming; U of Michigan Public Law Research Paper No. 291. Available at SSRN: http://ssrn.com/abstract=2145705

Contact Information

Steve Sanders (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
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