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  • Foxes Guarding the Chicken Coop: Intervention as of Right and the Defense of Civil Rights Remedies

    This article focuses on the recent spate of cases in which educational institutions on the grounds that their race-conscious admissions policies are unconstitutional. The author analyzes the role of minority students and organizations who are the beneficiaries of those polices at the defendant institutions and their recent attempts to intervene in the lawsuits pursuant to Rule 24 of the Federal Rules of Civil Procedure. First, the author argues that under the traditional interpretation of Rule 24(a); intervention of right should be granted to minority students and organizations in the great majority of instances. Second, the author looks at the reasons that courts have denied intervention, analyzing both the rights and interests of the beneficiaries and the presumption that government parties provide adequate representation. Third, the author examines the conflicts between the interests and goals of defendant institutions and beneficiaries, noting the consequences of denying intervention. The author concludes by arguing that where the affirmative action admissions policies of educational institutions are challenged, district courts should embrace a practical presumption in favor of intervention for minority students and organizations

  • The Compelling Need for Diversity in Higher Education

    The University of Michigan has brought together a team of leading scholars to serve as its experts in these cases to establish the basis for the University's argument that there is a compelling need for diversity in higher education. Their research is evidence that the use of race in higher education admissions is not only constitutional, but of vital importance to education and to our society.

  • Some Observations on Teaching from the “Pioneer” Generation

    A paper from the perspective of the "pioneer" generation.

  • Expert Report of Patricia Gurin

    A racially and ethnically diverse university student body has far-ranging and significant benefits for all students, non-minorities and minorities alike. Students learn better in a diverse educational environment, and they are better prepared to become active participants in our pluralistic, democratic society once they leave such a setting. In fact, patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education. This Report describes the strong evidence supporting these conclusions derived from three parallel empirical analyses of university students, as well as from existing social science theory and research.

  • Expert Report of Claude M. Steele

    Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.

  • Expert Report of Kent D. Syverud

    Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

  • Expert Report of William G. Bowen

    Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for imparting civic and democratic values that are essential to the functioning of our nation.

  • Introduction

    The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with empirical proof. The evidence submitted by these leaders in the fields of history, sociology, education, economics, psychology, and law, confirms Bakke's holding and establishes the continuing imperative for diversity-including racial and ethnic diversity-in higher education.

  • Introduction: Critical Race Praxis and Legal Scholarship

    The publication of this symposium issue is an occasion for three distinct and yet related celebrations. First, we honor the Western Law Teachers of Color, whose sixth annual meeting on the sublime Oregon Coast in 1998 provided the occasion for organizing the papers published here. Dean Strickland's preface, as well as Professors Linda Greene's and Jim Jones's essays examine the historical significance of this occasion in greater detail. Second, we engage in a festschrift of a particular member of this group-Professor Eric K. Yamamoto -whose publication of a book this year is a significant capstone to fifteen years of scholarship on racial justice. The articles in this symposium issue address one of Yamamoto's many path-breaking concepts: critical race praxis. Finally, the various pieces published here form a testament to the growing maturity of legal scholarship on race and law, as well as-sadly-the still highly contested legitimacy of this kind of scholarship within the mainstream legal academy as an editorial board of one of the Western Law Teachers participating law schools' law reviews decided against publication despite an earlier commitment. The very fact that there was a politicized dispute elsewhere over the articles published here demonstrates the on-going nature of racial struggle inside the walls of law schools, as well as the strategic importance of law students committed to the principle of racial justice. Thus our obligatory first footnote, which thanks those on the editorial board of the Michigan Journal of Race & Law, does not begin to convey the complexity of the interracial dynamics-both alliances and fractures-that undergird this particular legal scholarship project.

  • Generations: Nanook of the Law School Library and the Classroom

    Many of the essays in this symposium are rooted in the Western Law Professors of Color Conference held in Oregon in the Spring of 1998. The University of Oregon minority colleagues, as faculty of one of the co-sponsoring law schools, were charged, among other tasks, with the selection of the conference theme and tee-shirt design. The title “Generations” was chosen to focus on the challenges across the years for law faculty of color.