Robinson, Kimberly J.
Notes: An Evidentiary Framework for Diversity as a Compelling Interest in Higher Education
University of Richmond
How should courts address diversity in higher education?
Journal Name or Institutional Affiliation:
Harvard Law Review
- Argues that universities have a compelling interest in diversity because a racially diverse student body furthers learning.
- Evidentiary requirements in past discrimination cases should not be applied to questions about diversity in higher education.
- Benefits of diversity cannot be quantified or proven by universities to meet evidentiary requirements to prove discrimination.
- Courts can use the testimony of educators.
- Race influences experiences in life and perspective.
- Racial diversity contributes to higher education because students' diverse experiences and backgrounds can be a learning tool.
Journal Article Historical Analysis
Affirmative Action, Diversity
Method of Analysis:
Unit of Analysis:
- Court cases cited include:
- Regents of the University of CA v. Bakke (1977)
- Regents of the University of Michigan v. Ewing (1985)
- University of Pennsylvania v. EEOC (1990)