[Dis]integration: Second-Order Diversity and Schools

34 Pages Posted: 22 Mar 2019 Last revised: 12 Sep 2019

See all articles by Anders Walker

Anders Walker

Saint Louis University - School of Law

Date Written: March 1, 2019


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

Suggested Citation

Walker, Anders, [Dis]integration: Second-Order Diversity and Schools (March 1, 2019). Saint Louis U. Legal Studies Research Paper No. 2019-02. Available at SSRN: https://ssrn.com/abstract=3344856 or http://dx.doi.org/10.2139/ssrn.3344856

Anders Walker (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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