The making of reverse discrimination : how Defunis and Bakke bleached racism from equal protection

Bibliographic Information

The making of reverse discrimination : how Defunis and Bakke bleached racism from equal protection

Ellen Messer-Davidow

University Press of Kansas, c2021

  • : pbk

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Summary: "As universities were instituting affirmative action in the early 1970s, two white men challenged race-conscious admissions at professional schools. The now-famous cases of DeFunis v. Odegaard (1971-1974) and Regents of the University of California v. Bakke (1974-1978)-which opened the door to reverse discrimination-have been the subject of extensive analysis. Most of the voluminous literature has focused on the Court's far from definitive answers to important constitutional questions and only briefly summarized the facts disclosed at trial. But these factual records deserve more critical scrutiny than they have so far received. In The Making of Reverse Discrimination, Ellen Messer-Davidow restores to these two cases the facts that were omitted from or distorted during the trials, showing how the attorneys used the deficient factual record to construct reverse-discrimination complaints. In addition to examining the wider social and historical context, she provides a close analysis of the briefs, opin

Includes bibliographical references (p. [373]-398) and index

Contents of Works

  • Frenemies
  • Just words?
  • The stories they tell
  • Coloring the case
  • Plying fact and law
  • The meanings of DeFunis
  • Slanting the story
  • Textualizing Bakke
  • The Disappearance of Racism
  • Places
  • Conclusion : installing the new racism
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