1. Intro to American Law

2. Agenda Affirmative Action What is affirmative action?
What is the historical developments of affirmation action?
What does affirmative action programs set out to achieve?
How have Courts analyzed the legality of affirmative action?
What are some techniques for affirmative action programs?

3. Hypo – Private School
Private school sees that there are less black students at their school. The school believes that having a diverse student body fosters cross-cultural understanding, empathy, and awareness. Therefore, they reserve seats for their incoming class for students who identify as black.

4. History of Affirmative Action
Reconstruction Era ( )
National Labor Relations Act (1935)
Executive Order (1961)
Revised Philadelphia Plan (1969)

5. Intermediate vs. Strict Scrutiny
Regents of the UC v. Bakke (1969)
Richmond v. JA Croson Co. (1989)

6. Justification for Strict Scrutiny
All racial classifications—whether invidious or benign—should be subjected to strictest of applications
Gov’t classification that harms minorities vs. those that benefit minorities

7. Goals of Affirmative Action
Remedying past discrimination
Enhancing diversity
Providing role models
Enhancing services provided to minority communities

8. Remedying Past Discrimination
Used to remedy societal discrimination
Benefits provided even though no discrimination is done and recipient need not show to have been harmed
Gov’t provides benefit to a class of persons who were subject of discrimination
Gov’t provides benefit to someone who has suffered

9. Techniques for Affirmative Action
Numerical asides
Using race as one factor in decisions to help minorities
Deviations from seniority systems
Drawing election districts to increase minority representation

10. Grutter v. Bollinger (2003)

11. Fisher v. UT (2016)

12. Fisher v. UT (2016)

13. Anti-Affirmative Action Response

14. Arguments against Affirmative Action
Devalues the accomplishments of minorities
Fosters reverse discrimination
Mismatching
Perpetuation of stereotypes

15. Initiative 200
  "The state shall not discriminate against, or grant preferential treatment to, any individual or groups on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting."

16. Smith v. UW School of Law (2003)

17. For tomorrow
What does your class look like?