93.133 Leonard Jeffries, African-American studies, and academic freedom, 121

93.135 Defining the limits of academic freedom [1993 Jeffries case], 124

93.138 A renewed "speech code" debate, 130

93.139 Questioning the politics of identity, 132

93.142 Penn's cold feet [newspaper thefts at the University of Pennsylvania], 135

93.147 The limits of "diversity" training programs, 139

93.153 More newspaper thefts, 149

93.156 Title VII does not protect an "eggshell psyche," 154

93.158 Blacks-only scholarships upheld at the University of Maryland, 157

94.3 A road map for better race relations, 171

94.4 Sexual harassment, the media, and cultural diversity at Swarthmore, 172

94.5 The harassment policy is invalid, but the coach stays fired, 176

94.9 Enrollment-based compensation does not violate Title VII, 178

94.12 Paying attention to student culture [the popularity of Howard Stern; students reluctant to discussissues related to race; racial tensions in the 1990s reflect more than responses to color], 184-185

94.15 Racial epithets and a hostile work environment, 193

94.16 Defining American patriotism [shared values in a diverse society; Malcolm X and the "Statementof Basic Aims of the Organization of Afro-American Unity"; Gerald Early on the contributions ofAfrican-Americans to an American identity], 195.

94.17 Punishing bias-motivated offenses, 196

94.19 A new "speech code" at Penn [proposal to reduce self-segregation], 198

94.23 On blacks and Jews [New Yorker article on Khalid Abdul Muhammad; extent of anti-Jewish biasamong young blacks], 201

94.30 Racial stereotyping [minorities more likely than whites to agree to negative stereotypes aboutother minorities], 209

94.44 Khalid Abdul Muhamed banned in Canada [[Freedom of expression in the United States andCanada compared], 233

94.48 Feminist theory and the Supreme Court [the dangers of stereotyping], 238

94.57 What Billings has to teach [effective responses to racist incidents], 253

94.62 Reparations and classifications [multi-racial category suggested], 261

94.64 Separate admissions process declared unconstitutional [Hopwood et al v. State of Texas], 263

94.79 Race-based scholarships declared unconstitutional [Excerpt: Podberesky v. Kirwan; the dangersof racial classifications; alternative forms of affirmative action; voter survey results; Henry LouisGates on the need for allies], 289

94.85 Supreme Court vacates Jeffries ruling, 300

94.87 William H. Gray on "black separatism" ["black" separatism compared to Catholic, Jewish, orProtestant "separatism"; Dennis Wrong on fostering "cross-cutting allegiances" among manydifferent groups], 303

95.7 Cynicism about "sensitivity" [controversial speech by President Lawrence at Rutgers; using the"N" word at George Mason; federal investigation of law professor's grading policy], 323.

95.13 Stanford speech code unconstitutional [interpretation of the "fighting words" doctrine; hurtfeelings are not enough; "selected" insults may not be prohibited; distinguishing speech fromconduct; alternatives to censorship, including penalty enhancement; application of FirstAmendment standards to private institutions; expansive academic freedom argument rejected;admission of "undesired members" will not limit Stanford's freedom of expression], 332.

95.20 Jeffries case reversed, 349.

95.29 Unexpected opposition to affirmative action in Berkeley [substantial numbers of women andracial minorities support the California ballot initiative to eliminate traditional affirmative actionprograms; Asian-Americans make up 39% of Berkeley's undergraduates, 9% of the state'spopulation. Asian-American enrollment would soar to 55% if test scores and grades were theonly admissions criteria], 363.

95.32 Supreme Court won't review race-based scholarship ban, 366.

95.38 Affirmative action [U.S. Supreme Court decision in Adarand; strict scrutiny required, but notfatal], 372.

95.40 Defending affirmative action [need to design programs with "sustainable public support";Americans support affirmative action, not preferences; family income differences between ethnicwhites are greater than the family income difference between whites and blacks; Nixon sawexplicit racial quotas as a way to pit blacks and labor against each other; Martin Luther King andBayard Rustin suggest non-racial programs for economic justice; William O. Douglas andStephen Carter focus on individual attributes rather than racial characteristics; example of theDouglas/Carter approach in "Bound for College in Virginia" program], 376.

95.45 Business may save affirmative action [more businesses setting hiring goals, given growinghousehold income of African-Americans--which in 130 cities and counties surpasses that ofwhites], 384.

95.47 Affirmative action and consumer fraud [lawsuit alleges white and Asian applicants not informedabout racial preferences for African-Americans], 384.

95.48 The harassment policy is invalid, but the coach stays fired [overbroad and vague discriminatoryharassment policy; invalid "fighting words" prohibition; use of racial epithet by coach not a matterof public concern, and not protected by academic freedom; holding in Silva case called intoquestion], 385.

95.51 California Regents eliminate race-based affirmative action [excerpts from Regents' resolution;outline of former affirmative action program; Asian-American Regent and Berkeley graduatingclass president support resolution], 389.

95.54 The "safe" stereotype [social class distinctions; increase in rural poverty; expansion of the whiteunderclass; Martin Luther King on justice for both blacks and whites], 397.

95.59 Observations on the Simpson verdicts, 406.

95.60 Perspectives on the Million Man March [most marchers middle class; searching for respect and amore balanced image; conservative social values; religious perspectives; black nationalism],408.

95.61 A focus on "place, not race" in affirmative action programs [traditional affirmative actionprograms increasingly unpopular with the public; Stanford Professor Claude Steele proposes aracially integrated transition program for new students in order to counter stereotypevulnerability], 411.

95.62 More on the verdict and the march [playing the race card in the Simpson case; Henry LouisGates Jr. on diverse views in the African-American community on the Simpson verdicts; threatsof violence at the Million Man March; Nation of Islam and National Alliance Web pagescompared; Hitler, Mein Kamph, and the primacy of race consciousness; aiming for an Americanidentity], 412.

95.66 Louis Farrakhan and Western values [the Western tradition of learning from other cultures;Westerners the first to break the consensus of acceptance of slavery], 422.

95.70 Defining a "racially hostile" environment [U.S. Dept. of Education Office of Civil Rights ruled thatthere was insufficient evidence to conclude that the University of Illinois Indian mascot created aracially hostile environment for Native Americans], 429.

96.1 Ideas and trends: 1996 [the left grows disenchanted with identity politics; debate on themultiracial category; Harold Hodgkinson on segregation by wealth], 435.

96.15. Defining "diversity" on campus [Fifth Circuit opinion in Hopwood v. State of Texas holding thatrace could not be a factor in law school admissions; excerpt from Justice Powell's opinion inBakke; analysis by William Kaplin; editorial commentary by the Washington Post], 462.

96.17 The future of affirmative action [Harvard president Neil L. Rudenstine's defense of affirmativeaction; importance of "residential education"; College Handbook on Race Relations and theCommon Pursuit; Homer Haskins on diversity in the early European University; diversity theorymay chill a diversity of ideas; Arthur Levine on reluctance of students to discuss race; theexperience of racism is to be seen as subhuman; Lipsett on American exceptionalism], 468.

96.18 Alternatives to race-based affirmative action [examples of American exceptionalism, includingall-white jury holding police officers liable for death of African-American youth; Asian-Americansand Latinos as small business owners in California; consider caste rather than race; MarioCuomo's ethnic tales; Ralph Ellison on human universals], 471.

96.29 Individual rights and group rights [commentary on the denial of certiorari in Hopwood], 502.

96.32 Signs of a better future for race relations [Individual freedom over group ideology; African-Americans challenge slavery in Africa; support for the multiracial category; growing numbers ofstudents refuse to disclose "race"; expanding rates of intermarriage; Richard Rorty on theimportance of class; Robert Kennedy's success at forming racial coalitions; celebrating"difference" fails to forge political alliances], 512.

96.39 A national focus on adolescent drug use [some African-Americans see a governmentconspiracy], 533.

96.46 California votes against "preferences" [the "pro" vote for Proposition 209 included 63% of whites,39% of Asians, 26% of blacks, and 24% of Latinos; University of Maryland at College Parkexample suggests that new, non-race based affirmative action programs may maintain diversity;diversity theory challenged by newspaper theft and other forms of intolerance; William JuliusWilson on designing programs that benefit a larger proportion of the population], 547.

97.1 Affirmative action and race relations [challenge to California's Proposition 209 is not frivolous;impact of "critical race theory"], 560.

97.2 Ideas and trends: 1997 [diversity, individualism, and common purpose; promoting civility andreducing crime; a renewed focus on the meaning of teaching], 563.

97.10 Confederate flags and viewpoint discrimination [alternatives to censorship; freedom ofexpression at private institutions of higher education], 580.

97.25 New thinking on affirmative action,[excerpts from and thoughts about Coalition for EconomicEquity et. al. v. Wilson, the Ninth Circuit decision upholding the Constitutionality of the CaliforniaCivil Rights Initiative (Proposition 209); Daniel Patrick Moynihan on the danger of silencingcritics; interview with Catholic University Law Professor William Kaplin on the Supreme CourtBakke decision. By failing to adhere to Bakke in the past, college administrators may no longerbe trusted to make race only a "plus" in efforts to create a "diverse" student body], 618.

97.26 03.49 Offensive theme parties, part II [Practice implicationcommentary on the Iota Xi case, in the form of excerpts from a previously published interview with Victor M.Glasberg, Chief Litigation Counsel for the ACLU in the Iota Xi case], 3212. ["developmental" affirmative action suggested by Boston Universityeconomics professor Glenn Loury would take race into account in "an effort to enhanceperformance, while maintaining common standards of evaluation"; national survey shows manyyoung people opposed to racial preferences; the Walter Williams perspective: on achievementtests given in 1941, Harlem third graders were at or above grade level--cultural factors mayexplain contemporary decline; relative success of Asian students attributed to greater time spenton school work; California beginning to pay attention to race and class], 621.

97.50 The next affirmative action case, part I [selections from the Complaint in Gratz and PatrickHamacher v. Bollinger, et. al.], 676.

97.51 The next affirmative action case, part II [demonization of critics undermines beneficial reforms;special attention must be paid to enhancing academic skills and performance of undergraduates;greater reliance upon expanding the pool of better trained black and Hispanic students willresult--for a time--in smaller enrollments at the highest ranked professional schools; enhancingthe academic performance of undergraduate and graduate students should include closercollaboration with elementary and secondary schools; the nature of "diversity" needs to bedefined, and its value established; The practice of trying to attract a ready-made academic "elite"may have to change; "individualized admissions"--including more attention to grades, and asharper focus on qualities of character--may be preferable to a heavy reliance on tests], 678.

97.53 President Clinton endorses the Texas "talented tenth" plan [Lani Guinier observed that "the issueof affirmative action" now needs to be used "to highlight the inequality experienced by manyAmericans, of all colors"], 683.

98.4 Redefining diversity [old and new approaches designed to promote a broader conception of"diversity" on college campuses; opinion in Houston Contractors Association v. MetropolitanTransit Authority of Harris County; African-Americans starting to decry the use of goals or quotasas Hispanics seek a "proportionate" share of government jobs or school board seats; somebeneficiaries of "white privilege" caught in a cycle of "poverty and despair" in many parts ofAppalachia; Toni Morrison: "Race is the least reliable information you can have aboutsomeone"], 692.

98.10 Isolated incidents or hostile environment? [Taylor v. Metzger: New Jersey Supreme Courtdecision holding that a demeaning racial epithet directed to a subordinate by a high-rankingpublic official can create a hostile work environment; Skouby v. The Prudential InsuranceCompany of America: 7th Circuit decision holding that crude pictures and occasional offensivelanguage directed to a female employee by fellow employees did not constitute sexualharassment; public mood of forgiveness for "sexual misconduct" reflected in views of GloriaSteinem on the sexual harassment charges against President Clinton], 710.

98.13 The varieties of racial stereotyping [Green Bay Packer defensive end Reggie White on racialdifferences; 1994 Harris poll shows that "minorities are more likely than whites to agree tonegative stereotypes about other minority groups;" Meg Greenfield on the dangers of being seenas a "representative of your race;"], 714.

98.17 Diversity theory challenged [in Lutheran Church Missouri Synod v. FCC the U.S. Court ofAppeals for the District of Columbia held that FCC regulations requiring broadcast stations tomake special efforts to recruit minorities were unconstitutional; Nathan Glazer in defense ofpreference; danger of failing to consider economic disadvantage; Lani Guinier on alternatives torace-based affirmative action], 722.

98.26 Diversity as a "compelling state interest" [holding in Wessman v. Boston School Committee thatdiversity in the classroom is a compelling state interest; any racial preference must be narrowlytailored, flexible, and limited in time; contrary ruling by Virginia federal court in Tuttle v. ArlingtonCounty School Board; "Berkeley Pledge" (outreach to local schools) as possible alternative torace-based affirmative action; affirmative action referendum pending in the state ofWashington], 740.

98.46 How "compelling" is racial diversity theory? [in Wessman v. Gittens, the U.S. Court of Appealsfor the First Circuit struck down a race-based admissions plan developed by the Boston publicschool system; "diversity" rationale questioned, but not discarded], 794.

98.47 How "compelling" is racial diversity theory?, Part II [review and analysis of The Shape of theRiver by William Bowen and Derek Bok; political realities and the need to consider alternativesto race-based affirmative action: the "backbone of the Democratic party" (54% of unionmembers; half of women voters) voted for the successful Washington state anti-preferenceinitiative], 798.

99.20 Affirmative Action, part I [excerpts from two federal court decisions interpreting and applying the U.S. Supreme Court I decision: Smith v. University of Washington Law School and Wooden v. Board of Regents of the University System of Georgia], 854.

99.21 Affirmative Action, part II [Justice Powell warns against using an affirmative action program as "a cover for the functional equivalent of a quota system"; Hispanic and "multi-racial" categories sowing confusing; differing views among a younger generation of African-Americans; new affirmative action programs will focus on outreach and individual assessment], 857.

99.32 Paying new attention to the class divide [rapid growth of wealth and economic elitism; Tocqueville on the importance of equality in American life; Orlando Patterson on how "the racial divide has been replaced by the class divide"; Alan Greenspan on defining success by "honest and productive work," not wealth alone], 885.

99.34 Racial harassment and freedom of expression [In Aguilar v. Avis Rental Car Systems, the California Supreme Court ruled that the First Amendment does not prohibit courts from enjoining the continued use of racial epithets in the workplace, if there has been a judicial determination "that the use of such epithets will contribute to the continuation of a hostile or abusive work environment and therefore will constitute employment discrimination"], 890.

99.37 "Laboratory" schools and affirmative action [In Hunter v. Regents the U.S. Court of Appeals for the Ninth Circuit upheld a race-based admissions policy at a school operated by UCLA as a research laboratory], 897.

99.38 Can a "narrowly tailored" diversity plan be devised? [In Tuttle v. Arlington County School Board the U.S. Court of Appeals for the Fourth Circuit declined to rule that non-remedial plans designed to achieve racial diversity in the schools can never reflect a "compelling state interest." The court held, however, that the "diversity" plan at issue (which may be similar to admissions policies now in place at many colleges) was not "narrowly tailored" to achieve the state's stated goal; related ruling by the U.S. Court of Appeals for the Seventh Circuit in Hill v. Ross holding that a university affirmative action hiring plan was based on "statistical nonsense"], 898.

99.43 The "presumption" against racial classifications [in Eisenberg v. Merberg the U.S. Court of Appeals for the Fourth Circuit found a school diversity plan unconstitutional, on the ground the plan was not "narrowly tailored" to achieve a compelling governmental interest. An added characteristic of the case was the court's assertion that "race based governmental actions are presumed to be invalid"; and "are subject to strict scrutiny"; Harvard admissions office declines to use the term "affirmative action," University of Michigan may prevail in pending litigation, if it can convince the courts that it closely follows Justice Powell's formulation in Bakke ], 912.

99.49 A new direction for affirmative action [The New York Times supports the Texas "top 10% plan"], 924.

00.8 Delays and due process in student conduct cases [decision in Jonathan Cobb et.al v.The Rector and Board of Visitors of the University of Virginia holding that "raw statistics" are not sufficient to demonstrate racial bias], 950.

00.16 The danger of viewpoint discrimination [Eighth Circuit decision in Cuffley v. Knights of the Ku Klux Klan bars viewpoint discrimination in Adopt-A-Highway program; implications and advice for higher education administrators], 972.

00.29 Putting "diversity theory" to the test [Federal district court in Johnson v. University of Georgia rejects "diversity theory" rationale; contrary perspective by attorney Martin Michaelson; tension between theory and practice in application of campus affirmative action policies: Is a genuine diversity of ideas the goal?], 1011.

00.31 Distinguishing "hate crime" from "hate speech," [Penalty enhancement for bias-motivated crimes; abstract beliefs may not be punished; hateful expression not necessarily an unlawful threat], 1017.

00.44 Two courts embrace "diversity" theory [Courts in Michigan and California embrace "diversity theory" as a compelling state interest LEFTing carefully limited race-conscious admissions policies; likely Supreme Court review, critical role of Justice O'Connor], 1055.