Two Approaches to Equality, with Implications for Grutter

17 Pages Posted: 7 Nov 2022

See all articles by Keith N. Hylton

Keith N. Hylton

Boston University - School of Law

Date Written: November 3, 2022

Abstract

The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I side with Nozick’s approach and argue that the only morally justifiable and administratively feasible approach to determining equality in the distribution of resources across races is through a process-based definition. I explore the implications of this argument for Grutter v. Bollinger.

Keywords: discrimination, inequality, constitutional law

JEL Classification: J15, J78, K31

Suggested Citation

Hylton, Keith N., Two Approaches to Equality, with Implications for Grutter (November 3, 2022). Boston Univ. School of Law Research Paper No. 22-39 , Available at SSRN: https://ssrn.com/abstract=4267556 or http://dx.doi.org/10.2139/ssrn.4267556

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

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