A ‘Magisterial’ Work on Affirmative Action

“Mend it, don’t end it” was the famous advice on affirmative action from Bill Clinton, who did neither. There are, of course, other useful slogans, such as “Muddle it,” which the Supreme Court essentially did in the 2003 Gratz and Grutter cases. The Court held that the University of Michigan could not give a fixed […]

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The “Mismatch Thesis,” Eye-Opening Research, and the Fisher Case

As the most important higher-education case in a decade makes its way to the Supreme Court–the Fisher case on racial preferences–UCLA law professor Richard Sander had an excellent series of posts at the Volokh Conspiracy summarizing one critical argument that his research has helped to highlight: that even the ostensible beneficiaries often are harmed (or […]

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