{"title":"THE REVIVAL OF FORWARD-LOOKING AFFIRMATIVE ACTION","authors":"Kenneth L. Karst","doi":"10.2307/4099348","DOIUrl":null,"url":null,"abstract":"The Supreme Court's decision in Grutter v. Bollinger,1 upholding race-conscious affirmative action in admissions to the University of Michigan Law School, is widely seen as a landmark decision for its reaffirmation ofJustice Lewis Powell's position in the Bakke case2 a quarter century ago. The Powell opinion had justified the consideration of race as one factor in a public university's admissions process designed to produce diversity in its student body for educational purposes.3 In Grutter, the Court spelled out in some detail the potential educational advantages of student diversity, including the preparation of graduates for a society and a work force that are growing more and more diverse. The opinion thus provides a grounding in social science for the advantages Justice Powell had asserted on the basis of less evidence.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":null,"pages":null},"PeriodicalIF":3.4000,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4099348","citationCount":"8","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2307/4099348","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 8
Abstract
The Supreme Court's decision in Grutter v. Bollinger,1 upholding race-conscious affirmative action in admissions to the University of Michigan Law School, is widely seen as a landmark decision for its reaffirmation ofJustice Lewis Powell's position in the Bakke case2 a quarter century ago. The Powell opinion had justified the consideration of race as one factor in a public university's admissions process designed to produce diversity in its student body for educational purposes.3 In Grutter, the Court spelled out in some detail the potential educational advantages of student diversity, including the preparation of graduates for a society and a work force that are growing more and more diverse. The opinion thus provides a grounding in social science for the advantages Justice Powell had asserted on the basis of less evidence.
最高法院在格鲁特诉博林格案(Grutter v. Bollinger)中做出的裁决，在密歇根大学法学院(University of Michigan Law School)的录取中支持种族歧视的平权法案，被广泛视为一个里程碑式的决定，因为它重申了25年前刘易斯·鲍威尔大法官(Lewis Powell)在巴克案中的立场。鲍威尔的意见证明，公立大学在招生过程中考虑种族因素是合理的，目的是为了教育目的而使学生群体多样化在格鲁特案中，最高法院详细阐述了学生多样性在教育方面的潜在优势，包括为毕业生为日益多样化的社会和劳动力做好准备。因此，该意见为鲍威尔大法官在较少证据的基础上断言的优势提供了社会科学基础。
期刊介绍：
The Columbia Law Review is one of the world"s leading publications of legal scholarship. Founded in 1901, the Review is an independent nonprofit corporation that produces a law journal edited and published entirely by students at Columbia Law School. It is one of a handful of student-edited law journals in the nation that publish eight issues a year. The Review is the third most widely distributed and cited law review in the country. It receives about 2,000 submissions per year and selects approximately 20-25 manuscripts for publication annually, in addition to student Notes. In 2008, the Review expanded its audience with the launch of Sidebar, an online supplement to the Review.
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