Thursday, February 28, 2013
Can Someone Clarify Me ?
Sorry for the mishap today in class, unfortunately I ate something that made me me ill. I apologize for the interruption however, I would like to be caught up on what I missed in class. When I left out we were on the subject of discrimination. From what I understand, The Supreme Court does not agree with discrimination amongst race. On the contrary, Corporate America does agree with affirmative action because it benefits them economically. In my absence did we discuss how this could be related to people being rational maximizers of their satisfactions (Posner). But where I began to get confused with is the theory of law as integrity and interpretation. I will read other blogs to review other ideas. Please comment to inform me about what I missed and others about the readings.
Subscribe to:
Post Comments (Atom)
The Bakke case in 2003 suggested that the Court did actually approve of certain positive discrimination, as O'Connor's opinion included the Harvard model as a medium through which Universities could place diversity as an admissions goal. When Dworkin was criticizing the Chief Justice's stance on affirmative action, his comments were directed towards the conservative bloc of the Court, which, may or may not (in the future) overrule progress made in 2003.
ReplyDeleteMinor qualification: Bakke was decided in 1978, and it was a careful compromise, far from a full-throated endorsement of affirmative action. In several subsequent cases, the Court has narrowed but not eliminated permissible race-sensitive admissions procedures. That may well change soon.
Delete