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June 20, 2018

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

One Nation Divided: Affirmative Action in the 21st Century
Last Featured: 4/7/2000

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

White students who were denied admission to the University of Michigan and the University of Michigan Law School are challenging the University`s use of racial preferences as unlawful reverse discrimination. Should schools be allowed to make race one factor it considers for admission in order to overcome the years of discrimination suffered by African Americans and other minority groups?

Gail Heriot is a Professor of Law at the University of San Diego School of Law where she teaches torts, evidence and products liability law since 1989. Prior to joining the law school faculty, Ms. Heriot was an associate at the law firms of Hogan and Hartson and Mayer, Brown and Platt, and clerked for Justice Seymour Simon of the Illinois Supreme Court. Ms. Heriot has written and testified widely against affirmative action in Congress and before the California legislature and served as co-chair of the Yes on Proposition 209 Campaign in California, the state voter initiative on affirmative action. She currently serves on the Executive Committee on Civil Rights for the Federalist Society. She is a graduate of the University of Chicago School of Law.

Frank Wu joined the faculty of the Howard University School of Law in 1995 where he supervises clinical students who appear in the D.C. Superior Court and teaches civil procedure and federal courts. Before beginning his academic career, Professor Wu held a clerkship with the late District Court Judge Frank J. Battisti in Cleveland, Ohio and then joined the civil litigation practice group at Morrison & Foerster in San Francisco. Professor Wu has written extensively on affirmative action including Neither Black Nor White: Asian Americans and Affirmative Action, and Beyond Self-Interest: Asian Pacific Americans Toward a Community of Justice, a policy analysis of affirmative action. His book, Yellow: Race Relations Beyond Black and White will soon be published by Basic Books. Professor Wu has testified against legislation that would abolish affirmative action, before the House Judiciary Committee and has appeared as a witness before the U.S. Civil Rights Commission. Black Issues in Higher Education named him one of fifteen

Closing Quote
"Identity politics ties us in knots. Yet even without unity in the sense of a single, shared American identity, the peoples of this nation can recognize and deepen ties, sufficient to enhance self-governance. Those ties are enlivened by the paradoxes of our shared experiences as unique individuals with varieties of affiliations. We all have made differences matter. . . . .Promoting daily contact across lines of differences in schools, jobs and communities would strengthen the kind of ties . . .sufficient for sustaining debates over the future. The important question is not just what to do, but when."

— Harvard Law Professor Martha Minow

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
Center for Individual Rights (CIR)
University of Michigan, Information on Admissions Lawsuits
The National Association for the Advancement of Colored People (NAACP)
American Civil Liberties Union (ACLU), Affirmative Action on Campus
Coalition to Defend Affirmative Action By Any Means Necessary (BAMN)
Mexican American Legal Defense and Educational Fund (MALDEF)
Association of American Law Schools (AALS)
National Organization for Women (NOW) and Affirmative Action
Title IX and Discrimination
The ACLU and Affirmative Action
CIR sues to end use of Racial Preferences by University of Michigan
The Compelling Need for Diversity in Higher Education
Yellow: Race Relations Beyond Black and White
by Frank Wu
Race and the Justice System
Employment Discrimination Post-Ledbetter
The Women's Equality Amendment