This seminar will focus on race-conscious remedies designed to ameliorate race discrimination and inequality. Preliminary focus will be on the location of race-conscious remedies within the existing framework of anti-discrimination law, both statutory and constitutional, as well as various critiques of traditional remedial approaches. This will provide the platform for consideration of a range of normative, doctrinal and empirical debates in law and public policy regarding affirmative action. Current litigation involving race conscious legal policy and anti- affirmative action law will be analyzed. We will also examine contemporary research on a number of issues implicated in these debates including research methods, definitions of merit, methods of assessment, institutional culture, as well as stereotype threat—the idea that performance can be affected by fear of confirming pervasive societal stereotypes.
Constitutional Law, Government, and Public Policy;
Interdisciplinary Courses, & Cross-Listed Courses;
Substantial Analytical Writing Requirement;
Critical Race Studies;