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

Indiana Journal of Law and Social Equality, Forthcoming

U of Michigan Public Law Research Paper No. 291

11 Pages Posted: 13 Sep 2012 Last revised: 21 Sep 2012

Steve Sanders

Indiana University Maurer School of Law

Date Written: September 12, 2012

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.

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

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: https://ssrn.com/abstract=2145705

Steve Sanders (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-1775 (Phone)

HOME PAGE: http://www.stevesanders.net

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