Document Type
Working Paper
Publication Date
3-1-2019
Keywords
Gerken, second-order diversity, Bakke, Black Studies, Brown, schools, constitutional theory, desegregation, black space
Abstract
This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.
Recommended Citation
Walker, Anders, [Dis]integration: Second-Order Diversity and Schools (March 1, 2019).
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Supreme Court of the United States Commons