More praise for IQ2 US
“It's a real public service to have debates that bring top-tier participants together and add the sizzle of prize fight competition to a discussion of issues of first-order importance.”
- The Atlantic
Affirmative Action On Campus Does More Harm Than Good
From the Panel
For: Gail Heriot
- The Sad Irony of Affirmative Action
Gail Heriot, National Affairs, Winter 2013We now have fewer African-American physicians, scientists, and engineers than we would have had using race-neutral admissions policies. We have fewer college professors and lawyers, too. Put more bluntly, affirmative action has backfired.
- Video: Gail Heriot Discusses Affirmative Action
Gail Heriot, Cato Institute, September 17, 2013Before the Grutter case, constitutional experts thought that the days of race preferential admissions policies were numbered… The Supreme Court had never really approved this kind of discrimination.
- Supreme Court Update: Fisher v. University of Texas at Austin - Podcast
Peter N. Kirsanow, Gail Heriot, and Dean A. Reuter, Civil Rights Practice Group Podcast, July 16, 2013As well-meaning as affirmative action policies were originally, they’ve backfired badly, and, at some point, colleges and universities and the courts are going to have to come to terms with that. (Heriot begins at 10:00.)
- Amicus Brief for Fisher v. University of Texas
Amicus Brief of Gail Heriot, Peter Kirsanow and Todd Gaziano, Members of the U.S. Commission on Civil Rights, in support of the petitionerRace-preferential admissions were intended to facilitate the entry of minorities into higher education and eventually into high-prestige careers. There is considerable evidence, however, that they have the opposite effect. Affirmative action thus works to the detriment of its supposed beneficiaries, who are seldom informed of this risk.
- Want to Be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg up May Hurt Your Chances
Gail Heriot, Engage, December 23, 2010The assumption behind the fierce competition for admission to elite colleges and universities is clear: The more elite the school one attends, the brighter one’s future. That assumption, however, may well be flawed.
- Affirmative Action in American Law Schools
Gail Heriot, Journal of Contemporary Legal Issues, July 16, 2008Even the most optimistic view of the data shows that racial preferences in law school admissions come at a heavy cost—a cost that disproportionately falls upon African Americans.
For: Richard Sander
- The Unraveling of Affirmative Action
Richard Sander and Stuart Taylor, Jr., The Wall Street Journal, October 13, 2012Racial preferences spring from worthy intentions, but they have had unintended consequences—including an academic mismatch in many cases between minority students and the schools to which they are admitted. There's a better way to help the disadvantaged.
- How Does Affirmative Action Impact Colleges?
NPR’s All Things Considered, October 9, 2012Robert Siegel talks to UCLA Law Professor and author Richard Sander about the impact on California's education system when the state banned Affirmative Action.
- The Painful Truth About Affirmative Action
Richard Sander and Stuart Taylor, Jr., The Atlantic, October 2, 2012Why racial preferences in college admissions hurt minority students -- and shroud the education system in dishonesty.
- A Systemic Analysis of Affirmative Action in American Law Schools
Richard Sander, Stanford Law Review, November 2004Law school admissions preferences impose enormous costs on blacks and create relatively minor benefits.
- A Reply to Critics
Richard Sander, Stanford Law Review, July 24, 2005Those who argue against the mismatch theory have thus far been silent about alternative explanations or solutions.
Against: Randall Kennedy
- In Praise of Affirmative Action
Randall Kennedy, Salon, September 3, 2013Having snubbed outstanding black scholars in previous eras, the American Academy and similar organizations are using blacks like me to make amends and to serve other functions. I do not feel belittled by this. Nor am I wracked by angst or guilt or self-doubt.
- An Interview with Randall Kennedy on Affirmative Action
Don Franzen, Los Angeles Review of Books, December 15, 2013A very strong argument can be made that affirmative action helps us. It helps us on our way towards reaching a state of affairs in which we can say that all persons actually enjoy the equal protection of the law.
- Randall Kennedy: "For Discrimination; Race, Affirmative Action, and the Law"
Roosevelt House, October 17, 2013Kennedy accounts for the slipperiness of the term “affirmative action,” delves into the complex and surprising legal history of the policy, and analyzes key arguments pro and con advanced by the left and right.
Against: Theodore Shaw
- Fisher and the Future of Affirmative Action
American Constitution Society for Law and Policy, October 9, 2012Shaw discusses the history of affirmative action, and MALDEF's Thomas Saenz explains why continuing discrimination in Texas is particularly important to understanding Fisher v. University of Texas.
- Handbook on Diversity and the Law: Navigating a Complex Landscape to Foster Greater Faculty and Student Diversity in Higher Education
Robert Burgoyne, Theodore M. Shaw, Ralph C. Dawson, Rena Scheinkman, et al., American Association for the Advancement of Science and Associate of American Universities, 2010How can policy leaders of our nation's colleges and universities increase the racial and gender diversity of their faculties and student bodies so as to champion and sustain effective science, technology, engineering and mathematics ("STEM") programs in what often seems to be an overly complicated, barrier-laden, and hostile legal environment?
- In the Affirmative: Education and Affirmative Action
The Briar Lehrer Show, May 24, 2007Ted Shaw, director-counsel and president of the NAACP Legal Defense Fund; Lani Guinier, civil rights scholar, Harvard law professor, and author of Meritocracy Inc.; and Lee Bollinger, president of Columbia University, discuss the future of affirmative action in education.
- Interview with Ted Shaw: For the Defense
Harrison Barnes, LawCrossingShaw discusses why the affirmative action stakes are so high, and how big firms can be more diverse.
- Remembering the Real Dr. King
Theodore Shaw, ACSblog, August 26, 2011King’s dream was not of a simplistic color-blindness; he was a strong advocate of affirmative action and supporter of school desegregation.
- Supplemental Brief of Amici Curiae in Support of Appellees
Supplemental Brief of Amici Curiae the Black Student Alliance at the University of Texas at Austin, the Black Ex-Students of Texas, Inc., and the NAACP Legal Defense & Educational Fund, Inc. in Support of Appellees, Abigail Fisher v. University of Texas et al., U.S. Court of Appeals for the Fifth Circuit, November 1, 2013Consideration of race in UT’s holistic admissions process is vital to create a broadly diverse student body. Open paths to leadership and opportunity are mission-critical for UT.
- Race Still Matters
Theodore M. Shaw, The Washington Post, February 18, 2003For a generation of us who grew up in poor and segregated black and Latino communities, affirmative action opened opportunities to attend our nation's best institutions and exponentially increased our life chances.
ARTICLES FOR & AGAINST
- The New Affirmative Action
Victor Davis Hanson, National Review Online, March 14, 2013Like Prohibition, affirmative action and then diversity were originally noble efforts that were doomed — largely by their own illiberal contradiction of using present and future racial discrimination to atone for past racial discrimination.
- Affirmative Action Detrimental to All
Katrin Marquez, The Amherst Student, September 9, 2012Affirmative action does not inspire dialogue, but rather silences it by justifying prejudices against minority students.
- What Happens After Enrollment? An Analysis of the Time Path of Racial Differences in GPA and Major Choice
Peter Arcidiacono, Esteban M. Aucejo and Ken Spenner, 2012In this paper we have analyzed how black and white educational outcomes at an elite university vary over time. We have focused on two outcomes: grades and choice of major.
- The Affirmative Action Myth
Marie Gryphon, Cato Institute, April 6, 2005Not only do preferences fail to narrow racial disparities in income and educational attainment, they harm students of all backgrounds.
- Ethnic and Gender Differences in Science Graduation at Selective Colleges with Implications for Admission Policy and College Choice
Frederick L. Smyth and John J. McArdle, Research in Higher Education, June 2004This study is focused on ethnic and gender differences in science persistence at selective colleges and competing ideas about how such differences may be related to affirmative action admission policies.
- The Case Against Affirmative Action
David Sacks and Peter Thiel, Stanford Alumni, September/October 1996If, after 25 years, affirmative action has not succeeded in ending discrimination, perhaps it is time to try something else.
- Racial Justice: Affirmative Action
ACLUAffirmative action is one of the most effective tools for redressing the injustices caused by our nation's historic discrimination against people of color and women, and for leveling what has long been an uneven playing field.
- Preface to The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions
William G. Bowen & Derek Bok, Princeton University Press, 2000This book is an attempt to chart what race-sensitive admissions policies have meant… both to the individuals who were admitted and to the society that has invested in their education and that counts so heavily on their future leadership.
- The Case Against Color-Blind Admissions
Ronald Dworkin, The New York Review of Books, December 20, 2012Universities should be free to select those minority students it believes most likely to enter and succeed in professions, or otherwise help in reducing racial stereotype and prejudice.
- Myths and Facts About Affirmative Action, Higher Education, and the Constitution
Sergio Munoz, Media Matters, October 9, 2012Contrary to the conservative narrative in the media, Affirmative Action admissions processes serve important national interests by promoting equal opportunity and are based on long-standing law.
- Why race matters in school admissions
Martha L. Minow and Robert C. Post, Washington Post, October 5, 2012Martha Minow and Robert Post, the deans of Harvard and Yale Law Schools, respectively, discuss why a ban on affirmative action would be a tragedy for higher education.
- The Real Impact of Eliminating Affirmative Action in American Law Schools: An Empirical Critique of Richard Sander's Study
David L. Chambers et al, Stanford Law Review, May 2005While Sander has appropriately forced us and others to take a hard look at the actual workings of affirmative action, he has significantly overestimated the costs of affirmative action and failed to demonstrate benefits from ending it.
- Race, Income and College in 25 Years: The Continuing Legacy of Segregation and Discrimination
Alan Krueger, Jesse Rothstein, Sarah Turner, Center for Economic Policy Studies, 2005Substantial progress in increasing black student’s pre-collegiate performance is critical to eliminating the need for affirmative action. Absent such progress, the elimination of racial preferences in admissions will lead to substantial declines in black representation at the nation’s most selective colleges and universities.
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