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Affirmative Action

Rubenfeld, Jed
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Faculty Scholarship Series
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Abstract
Affirmative action is so burning it's boring. Why? Partly because so much of what one sees and hears on the subject smacks of hypocrisy or speaking in code. Exhibit A: the name of California's affirmative-action-killing referendum, the "Civil Rights Initiative." Exhibit B: the term "affirmative action." Exhibit C: "I oppose affirmative action because it's harmful to minorities." Exhibit D: "Diversity is not counter to merit; it's an aspect of merit." Exhibit E: "[T]he fact that he is black and a minority has nothing to do with this in the sense that he is the best qualified at this time." This Essay rethinks the constitutionality of race-based, governmental affirmative action measures. There are, I know, a thousand essays on the same topic already. I make one promise: Readers who persevere will learn something new.
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http://hdl.handle.net/20.500.13051/801