Public university investigatingstudentsforsteppingonHamasandHezbollah flags that containedthe nameof Allah

[Malla Pollack]

IMHO Grutter turns on the amicus briefs supplying the military's input.  In
the current USA "volunteer" army, the majority of troops are not "white."
The military wanted to make sure it could have at least a credible number of
minority officer candidates. Briefs also said the other fed govt empolyers
wanted minority candidates with "elite" graduate school degrees to give the
appearance that the government is "inclusive" enough to appear legitimate.
	

Malla Pollack
Professor, American Justice School of Law
mpollack at ajsl.us
270-744-3300 x 28
articles http://works.bepress.com/malla_pollack/
-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Scott Markowitz
Sent: Friday, February 16, 2007 8:46 PM
To: conlawprof at lists.ucla.edu
Subject: Re: Public university
investigatingstudentsforsteppingonHamasandHezbollah flags that containedthe
nameof Allah

Doesn't the fact that the Court, in applying strict scrutiny, found 
pursuit of diversity in an educational setting a compelling interest 
tell us that pretty much anything goes (so long as it's sufficiently 
narrowly tailored) - speech restriction included?

Scott

Harry Pohlman wrote:
> The Court claimed it was applying strict scrutiny in GRUTTER.  It may 
> have applied it more deferentially than it should have, but it did not 
> say that a relaxed form of Equal Protection could be applied because 
> Michigan was engaged in a non-sovereign function, at least i don't 
> recall any such language.
>
> Harry
>
>
>
> On Feb 16, 2007, at 12:10 AM, Scott Markowitz wrote:
>
>> Harry Pohlman wrote:
>>>  assuming that there were no statutes prohibiting this result, could 
>>> a public university constitutionally exclude a certain ethnic group 
>>> for the same reason that you think would justify punishing speech -- 
>>> ie, "to mold a chosen educational environment?"  if not, why not?
>>
>> Couldn't one interpret the Michigan affirmative action cases as 
>> saying exactly this?
>>
>> Scott
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>

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