[Dis]integration: Second-Order Diversity and Schools

Abstract

This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.

Keywords: Gerken, second-order diversity, Bakke, Black Studies, Brown, schools, constitutional theory, desegregation, black space