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Reframing Affirmative Action: From Diversity to Mobility and Full Participation
Susan P. Sturm
Susan P. Sturm is the George M. Jaffin Professor of Law and Social Responsibility, the Director of the Center for Institutional and Social Change at Columbia Law School, and Director of Policy for the Broadway Advocacy Coalition.

At the same time that a national racial reckoning has galvanized students to press higher education institutions (HEIs) to face up to their legacies of racism and commit to antiracism, courts are considering arguments for prohibiting consideration of race in admissions decisions.

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Before Bakke: The Hidden History of the Diversity Rationale
Anthony S. Chen
Anthony S. Chen is Associate Professor of Sociology and Political Science at Northwestern University, where he is also a Faculty Fellow at the Institute for Policy Research. The author of The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, 2009), he is interested in political sociology, historical sociology, and American political development, with a special emphasis on civil rights, social and economic policy, and business-government relations.
Lisa M. Stulberg
Lisa M. Stulberg is Associate Professor of Sociology of Education at New York University’s Steinhardt School of Culture, Education, and Human Development. The author of Race, Schools, and Hope: African Americans and School Choice after Brown (Teachers College Press, 2008) and the co-editor (with Sharon Lawner Weinberg) of Diversity in American Higher Education: Toward a More Comprehensive Approach (Routledge, 2011), she researches the politics of race and education, and LGBTQ+ social change.

Chen and Stulberg are completing a book on the history and development of race-conscious affirmative action in college admissions.

For all of the legal and political contention surrounding affirmative action, one facet of the discussion is characterized by a curious, if implicit, consensus that spans all manner of ideological and partisan divisions.

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Pursuing Diversity: From Education to Employment
Amy L. Wax
Amy L. Wax is the Robert Mundheim Professor of Law at the University of Pennsylvania Law School.

A core ideal of Anglo-American law is that legal wrongs should be remedied by restoring the injured victim to the “rightful position.”

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Affirmative-Action Jurisprudence Reflects American Racial Animosity, but Is Also Unhappy in Its Own Special Way
Richard Thompson Ford
Richard Thompson Ford is Professor of Law at Stanford Law School. He is the author of the New York Times notable books The Race Card and Rights Gone Wrong: How Law Corrupts the Struggle for Equality. He is a member of the American Law Institute and serves on the board of the Authors Guild Foundation.

He thanks Taiyee Chien for his editorial assistance and exceptional patience. 

What’s still interesting is that the affirmative-action wars reflect larger issues, such as the betrayed promise of the civil-rights legislation and the Fourteenth Amendment guarantee of equal protection as well as the dishonesty, denial, and dysfunction surrounding questions of racial justice more generally.

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Affirmative Action, Transparency, and the SFFA v. Harvard Case
Peter S. Arcidiacono
Peter Arcidiacono is a Professor of Economics at Duke University, a Research Associate of the NBER, an IZA Research Fellow, and a fellow of the Econometric Society.
Josh Kinsler
Josh Kinsler is an Associate Professor of Economics at the University of Georgia.
Tyler Ransom
Tyler Ransom is an Assistant Professor of Economics at the University of Oklahoma and an IZA Research Affiliate.

The views expressed and conclusions reached in this Essay are those of the authors; they do not purport to reflect the views of SFFA. To the extent this Essay relies on records from SFFA v. Harvard, it relies solely on the public records from the case.

Affirmative action in college admissions for underrepresented minorities provokes strong emotions. These strong emotions are guided by two competing principles.

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Affirmative Algorithms: The Legal Grounds for Fairness as Awareness
Daniel E. Ho
Daniel E. Ho is the William Benjamin Scott and Luna M. Scott Professor of Law, Professor of Political Science, Senior Fellow at the Stanford Institute for Economic Policy Research, Associate Director for the Stanford Institute for Human-Centered Artificial Intelligence (HAI), and Director of the Regulation, Evaluation, and Governance Lab.
Alice Xiang
Alice Xiang is the Head of Fairness, Transparency, and Accountability Research at the Partnership on AI.

The authors thank Alexandra Chouldechova, Jacob Goldin, Peter Henderson, Jessica Hwang, Mark Krass, Patrick Leahy, Laura Trice, and Chris Wan for helpful comments. Authors are listed alphabetically and have equally contributed to this work.

Acentral concern with the rise of artificial intelligence (AI) systems is bias.

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The Hertz Maneuver (and the Limits of Bankruptcy Law)
Anthony J. Casey
Professor, The University of Chicago School of Law.
Joshua C. Macey
Assistant Professor, The University of Chicago School of Law.

We wish to thank Ken Ayotte, Vince Buccola, Douglas Baird, Jared Ellias, Saul Levmore, Alan Schwartz, and David Skeel for helpful comments. We also thank Julian Gale, Silvia Moreno, and Leonor Suarez for excellent research assistance. The Richard Weil Faculty Research Fund and the Paul H. Leffmann Fund provided generous support.

On June 11, 2020, the Hertz Corporation introduced a new strategy for bankruptcy financing.

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The Organization Judge
David Zaring
Professor of Legal Studies, The Wharton School of the University of Pennsylvania.

Thanks to Benjamin Barton, Adam Chilton, Brian Feinstein, Jonathan Nash, and Anne Joseph O’Connell for invaluable comments, and to Michelle Mohr for research assistance. © 2020, David Zaring.

In the 1950s, American corporate executives were overwhelmingly white, male, and valued progression within well-defined hierarchies over creativity.

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A Brief History of Schedule A: The United States’ Forgotten Shortage Occupation List
Lindsay Milliken
Lindsay Milliken is a research assistant of science, technology, and innovation policy at the Federation of American Scientists. She supports the Congressional Science Policy Initiative and the Technology and Innovation Initiative.

She thanks Doug Rand for his thoughtful advice and guidance during the research and drafting of this paper.

High-skilled labor shortages threaten the United States’ ability to compete internationally with both adversaries and allies in major industries, such as manufacturing and high technology.

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John Marshall’s Proslavery Jurisprudence: Racism, Property, and the “Great” Chief Justice
Paul Finkelman
President and Professor of History, Gratz College. B.A., Syracuse, 1971; M.A. and Ph.D., The University of Chicago, 1972, 1976. Fellow in Law and Humanities, Harvard Law School, 1982–83. President William McKinley Emeritus Professor of Law, Albany Law School.

I thank Candace Jackson Gray for her help in researching census and tax records connected to Chief Justice Marshall’s slaveholding, and Charles F. Hobson, Tim Huebner, Alysa Landry, and R. Kent Newmyer for their many comments on early versions of this piece. I thank Harvard University Press for allowing me to reprint material in this essay that comes from my book, Supreme Injustice: Slavery in the Nation’s Highest Court (Harvard 2018).

This is the second Essay in a two-part series exploring Chief Justice John Marshall’s private and public relationship to slavery.

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Master John Marshall and the Problem of Slavery
Paul Finkelman
President and Professor of History, Gratz College. B.A., Syracuse, 1971; M.A. and Ph.D., University of Chicago, 1972, 1976. Fellow in Law and Humanities, Harvard Law School, 1982–83. President William McKinley Emeritus Professor of Law, Albany Law School.

I thank Candace Jackson Gray for her help in researching census and tax records connected to Marshall’s slaveholding, and Charles F. Hobson, Tim Huebner, Alysa Landry, and R. Kent Newmyer for their many comments on early versions of this piece.

This is the first of two Essays exploring Chief Justice John Marshall’s private and public relationship to slavery.

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Introduction
Deborah Malamud
Kenyon College, B.A. 2017; The University of Chicago Law School, J.D. 2021.

She thanks the authors for their contributions to the series.

Speaking on Chevron deference at Duke University School of Law in 1989, Justice Antonin Scalia told the audience to “lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture.” Perhaps he would have withheld his cynicism if he could have seen the Supreme Court’s administrative-law rulings in the past year.