Abstract

http://ssrn.com/abstract=2315787
 


 



Empirically Derived Compelling State Interests in Affirmative Action Jurisprudence


Meera E. Deo


UCLA School of Law; Thomas Jefferson School of Law

April 2014

Hastings Law Journal, Vol. 65, No. 3, p. 661, 2014
Thomas Jefferson School of Law Research Paper No. 2315787

Abstract:     
In the 2013-14 term, the U.S. Supreme Court will consider the legality of a Michigan Constitutional amendment banning affirmative action. Traditionally, educational diversity has been the only compelling state interest that satisfies strict scrutiny in affirmative action challenges. This Article provides additional support for the interest of educational diversity, and proposes three additional compelling state interests for courts to consider. Support for these compelling state interests comes directly from detailed quantitative and qualitative analyses of empirical data collected from Michigan Law students, relating to their preferences for diversity, perceptions of campus climate, and professional aspirations. These findings indicate that educational diversity should remain a compelling state interest, and that courts should also consider the importance of (1) avoiding racial isolation, (2) promoting service to underserved communities, and (3) facilitating diversity in American leadership.

Number of Pages in PDF File: 52

Keywords: strict scrutiny, empirical research, affirmative action, diversity, compelling state interest

JEL Classification: K19, K39

Accepted Paper Series


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Date posted: August 26, 2013 ; Last revised: May 12, 2014

Suggested Citation

Deo, Meera E., Empirically Derived Compelling State Interests in Affirmative Action Jurisprudence (April 2014). Hastings Law Journal, Vol. 65, No. 3, p. 661, 2014; Thomas Jefferson School of Law Research Paper No. 2315787. Available at SSRN: http://ssrn.com/abstract=2315787 or http://dx.doi.org/10.2139/ssrn.2315787

Contact Information

Meera E. Deo (Contact Author)
UCLA School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
Thomas Jefferson School of Law ( email )
1155 Island Ave
San Diego, CA 92101
United States
619-961-4227 (Phone)
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