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Pepperdine Law Review

Diversity as a Dead-End

Kenneth B. Nunn

 

Abstract

It is my contention that diversity, as it is defined by the Supreme Court, is a dead-end for those who are concerned about social justice and equity in higher education. In Part II of this article, I explore the origins of the diversity concept and contrast it with the competing concept of remediation. In Part III, I summarize the Supreme Court's recent jurisprudence on diversity and examine how the Supreme Court defines diversity for purposes of permitting affirmative action in higher education. In Part IV, I point out some critical shortcomings with the Supreme Court's definition of diversity. I conclude with the observation that diversity, as it is presently conceptualized, is a bad choice for social justice advocates and suggest an alternative course of action for the future.