Public universityinvestigatingstudentsforsteppingonHamasandHezbollah fla...

Paul Horwitz phorwitz at hotmail.com
Sat Feb 17 10:21:38 PST 2007


Two points:

1) First, as it turns out, there was a discussion of many of these issues in 
Eugene's own front yard just a couple of weeks ago: a UCLA Law Review 
symposium on context in constitutional law as seen through various 
constitutional "niches," including educational institutions.  Papers, 
including mine, will make their way to SSRN eventually, I'm sure.

2) While I agree that Justice O'Connor attaches some weight to the military 
briefs, I don't think her opinion "turns on" the military briefs, at least 
not in isolation.  At the symposium, Prof. Pam Karlan presented an 
interesting paper comparing Grutter and FAIR and arguing that the military 
effectively "wins" in both cases.  But my sense of Grutter is that O'Connor 
is not just concerned with the value of affirmative action in advancing 
elites in the military, but in a variety of institutions, including 
government -- but also including private industry; remember that she also 
cites briefs by 3M and General Motors.  So, to be cute about it, in her view 
what's good for the country (read: military) is equally good for General 
Motors.

Paul Horwitz



>From: "Malla Pollack" <mpollack at ajsl.us>
>To: <DavidEBernstein at aol.com>, <redbeard at ufl.edu>, 
><conlawprof at lists.ucla.edu>
>Subject: RE: Public 
>universityinvestigatingstudentsforsteppingonHamasandHezbollah fla...
>Date: Sat, 17 Feb 2007 12:02:46 -0600
>
>Thanks for the correction. I wonder how long this has been true. I put
>volunteer in quotation marks on the ground that limited job opportunities
>undermines the concept of volunteering.  For example, recent headlines have
>pointed to a large increase in ex-cons in the military.
>
>
>
>The argument submitted in many amicus briefs by leading employers, 
>including
>persons alleging to give insight based on the US military and civil
>service's needs, was that more minority persons with "elite" education were
>needed for the officer corp and other executive groups to be accepted as
>legitimate by the rank and file.  Even if I erred, and the military is now
>over 50% white, these amici's  argument would be factually realistic if the
>percentage of white officers is much higher than the percentage of white
>enlisted men. If that was not true when the briefs were filed, the authors
>of those briefs misled Justice O'Connor.   As I read the opinion, this was
>quite important to her.
>
>
>
>Malla Pollack
>
>Professor, American Justice School of Law
>
>mpollack at ajsl.us
>
>270-744-3300 x 28
>
>articles http://works.bepress.com/malla_pollack/
>
>   _____
>
>From: DavidEBernstein at aol.com [mailto:DavidEBernstein at aol.com]
>Sent: Saturday, February 17, 2007 11:53 AM
>To: mpollack at ajsl.us; redbeard at ufl.edu; conlawprof at lists.ucla.edu
>Subject: Re: Public university
>investigatingstudentsforsteppingonHamasandHezbollah fla...
>
>
>
>I don't know what "volunteer" in quotation marks is supposed to mean (is
>there a secret draft I don't know about?), but by the army's calculations,
>based I believe on self-identification, over 60% of soldiers are "white."
>Interestingly, though, less than half of female soldiers identify as
>"white."
>
>http://www.armyg1.army.mil/hr/demographics/FY05%20Army%20Profile.pdf
>
>
>
>Expanding beyond the army to the military as a whole, this study suggest
>that about 3/4 of the members of he U.S. military are white:
>http://www.heritage.org/Research/NationalSecurity/cda05-08.cfm
>
>
>
>I don't know that this affects the affirmative action debate in any
>meaningful way, but I just thought I'd correct the record.
>
>
>
>In a message dated 2/17/2007 12:15:58 PM Eastern Standard Time,
>mpollack at ajsl.us writes:
>
>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 employers
>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/
>
>
>


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