a conflict arose between some leaders of the African American and Jewish communities. Most African American leaders were deeply committed to race-specific affirmative action programs that gave advantages to all Black applicants
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but rather as one of group aspirations. Blacks had a collective right
and believed that I was on the side of the angels
overriding individual preferences. The Equal Protection Clause commands the elimination of racial barriers
no matter what his race or color. Whatever his race
” it follows that each applicant must be evaluated in “a racially neutral way:”
rather than according a preference solely on the basis of race.
he had nearly graduated and the school told the justices that he would be allowed to graduate even if the Supreme Court ruled against him. For that reason
in which I played different roles. The first was the case of DeFunis in 1974. 87 The second was the case of Bakke in 1997.
there was little talk of race-specific affirmative action – of having positive
two of my classmates were African-American twins
the first African American to chair an academic department at a college that had not been historically Black.
the goal of all decent people is the same: color blindness. As Martin Luther King was to put it so eloquently several years later:
the press serves as an important check and balance on judges
are increasingly brought to trial not only before a judge in robes and a jury of peers
banal and self-centered. High profile cases are a decidedly mixed bag. If you never have a celebrity case during your career
because the law treats famous people differently. Sometimes better. Sometimes worse. Never the same. It has been said that hard cases make bad law. So
and every move should take into account the anticipated media coverage. This doesn’t mean you should make or refrain from making the right move because of the anticipated coverage
be prepared to be fired for telling him or her what they don’t want to hear. Famous people often get bad medical treatment and bad legal service for the same reason: the doctor and lawyer don’t want to offend or upset them and care more abo...
I now try to teach my students how to avoid