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A Disconnected and Legally Shaky Defense of Racial Preferences
Format: Paperback
While this book raises some thought-provoking points, it ultimately reads like a product of self-righteous elites disconnected from reality and from the American public.
1. Ignores public opinion.
The author never acknowledges that polls consistently show Americans oppose racial preferences in college admissions. Proposition 16āwhich would have allowed such preferencesāwas defeated by a wide margin in 2020 in California, one of the nationās most liberal states. A Brookings poll found that virtually all racial groups, including Black respondents, supported the Supreme Courtās Students for Fair Admissions (SFFA) decision.
2. Starts with a strange premise.
The first chapter claims conservatives will āregretā the SFFA ruling because universities will continue racial preferences covertly. But that sidesteps the real question: why shouldnāt colleges comply with the rulingās letter and spirit?
3. Offers dubious legal advice.
In Chapter Three, the authorāhimself a law professorāfloats risky ideas for āworking aroundā the Supreme Courtās decision. Many of these suggestions rest on shaky legal ground, as anyone familiar with the Second Circuitās CACAGNY v. Adams, 116 F.4th 161 (2d Cir. 2024), would recognize.
4. Ignores proportionality and real-world outcomes.
The book argues for ādiversityā preferences without asking how much preference is justified. In reality, Asian American applicants face steep penalties. e.g. Stanley Zhong was rejected by five University of California campusesā Computer Science programs as an in-state applicantāshortly before Google hired him for a full-time, Ph.D.-level software engineering position. Meanwhile, UC San Diegoās own freshman math-placement data show a surge of studentsāmostly āunderrepresented minoritiesā favored by UCāplaced into remedial courses, some testing at a 4th-grade level. It is hard to see how admitting these students is helping them other than allowing some elites to make themselves feel good or get a promotion.
If this book represents what passes for legal scholarship at Yale, the state of American legal education should worry us all.
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Reviewed in the United States on October 12, 2025
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Adherence to the Rule of Law Must Not Become a Fair Weather Sport
Format: Paperback
The memorable quotation I have used for the title of this review comes from the second chapter (I think) of "The Fall of Affirmative Action." What is actually happening in the United States is that the law is being enforced rigorously against "enemy" institutions such as those of higher learning and not at all against those with power, money, or affinity for same.
The author, an African-American Yale Law professor, devotes his first chapter to the ways in which conservatives might critique the SCOTUS precedent that ended affirmative action and his second to the ways in which liberals might critique it. His most invaluable contribution to the debate is that civil rights can be advocated from an anti-classification standpoint or an anti-subordination standpoint, with anti-subordinationists on both sides of the affirmative action debate. This forced me to take perhaps a harder look at my own beliefs than most books or articles about affirmative action. African-Americans are certainly subordinated in reality by being excluded from higher education but they are subordinated mostly in the minds of white Americans by the fact that a white applicant with the same scores, extracurriculars and admission essays might not get in. That at least is the conclusion I have come to.
"Students for Fair Admissions," the organization that brought down affirmative action before SCOTUS, has now sued those few elite educational institutions that DIDN'T see sharp drops in their African-American enrollment. One strongly suspects that SFFA if not the "Justices" they persuaded will be happy only with a formal quota for African-Americans which is half or less their proportion in the population of the state where the institution is located.
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Reviewed in the United States on November 4, 2025
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5
Provocative and fascinating read
Format: Paperback
Justin Driver's excellent book makes the case that conservatives may come to regret the Supreme Court's 2023 decision striking down affirmative action in college admissions. He argues that, rather than simply check a box to indicate their race, the decision will force non-white applicants to "perform their trauma" in application essays in ways that conservatives may find even more corrosive. And affluent non-white candidates--the people conservatives say should not be benefiting from affirmative action--will be the ones best-positioned to take advantage of the opportunity, since they are most equipped to exploit the loopholes and work-arounds that the Roberts decision created. A truly provocative read.
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Reviewed in the United States on October 1, 2025
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A Powerful and Timely Book about Fairness and Equality in America
Format: Kindle
This book is beautifully written and deeply engaging. As a non-lawyer, I appreciated the author's ability to cut through legal abstraction to reveal what is truly at stake as the Supreme Court turns away from policies designed to expand opportunity. Driver writes, with clarity and conviction, that genuine equality demands more than the pretense that race no longer matters. The result is a powerful and thought-provoking work that reminds us the pursuit of fairness in America remains unfinished.
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Reviewed in the United States on October 5, 2025
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5
Awesome
Format: Kindle
Exactly what I needed to get started, and with a lot of useful tips on getting started. Highly recommend this book.
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Reviewed in the United States on November 3, 2024
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