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NEW LAW REVIEW ARTICLE: SFFA V. HARVARD AFFIRMED AFFIRMATIVE ACTION AND EXPANDED COGNITIVE DIVERSITY

 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.





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Bootgate explained: How Ron DeSantis’s alleged cowboy boot hidden heels became a campaign controversy




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Cassie sued Diddy under an expiring N.Y. law. What's next for the Adult Survivors Act?




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Young Thug's lawyer escapes jail time after being held in contempt of court. Here's what to know about the complex RICO trial.




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Coast to host exciting nine’s comp

COUNTY Rugby League have announced the Central Coast will be home to a women’s nines competition in 2017.




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Opinion | Democrats Could Have Won. Our Excuses Mask a Devastating Reality. - The New York Times

a 1% change in several swing states...




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GitHub - hyperlight-dev/hyperlight: Hyperlight is a lightweight Virtual Machine Manager (VMM) designed to be embedded within applications. It enables safe execution of untrusted code within micro virtual machines with very low latency and minimal overhead

via GitHub Public Timeline Feed https://ift.tt/EHbhjky




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GitHub - bhavnicksm/chonkie: ???? CHONK your texts with Chonkie ✨ - The no-nonsense RAG chunking library




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Salary expectations questions - How should you answer them?

Don't panic! Here's how to tactfully answer salary expectations questions without costing yourself a ton of money (updated for 2020)




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GitHub - JohannesKaufmann/html-to-markdown: ⚙️ Convert HTML to Markdown. Even works with entire websites and can be extended through rules.




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Exit Right - Dissent Magazine




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(3) cmerry???? on X: "@Squad_sussex96 She was chasing a bunch of other rich boys too. Willys friends called her The Mattress ????I think the options dried up for both so they both had to settle for each other ???? https://t.co/VpRCXfE63B" / X

She was chasing a bunch of other rich boys too. Willys friends called her The Mattress I think the options dried up for both so they both had to settle for each other




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Perplexity brings ads to its platform | TechCrunch




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La vaga de lloguers, una eina sense encaix legal que alguns experts veuen viable com a litigi contra fons d’inversió

“O s’abaixen els preus, o vaga de lloguers”. Aquesta és la consigna que han llançat les organitzacions en defensa de l’habitatge en els últims mesos. via Pocket




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Free Textures, Tutorials, and More

Site with free patterns and textures.




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ts-type-explorer/packages/typescript-explorer-vscode/README.md at main · mxsdev/ts-type-explorer




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How the Mountain fire exploded into SoCal's most destructive in years - Los Angeles Times




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Outlook for energy stocks isn't as good as people might expect under Trump: Fundstrat's Tom Lee - YouTube

granny shots - grny




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Exclusive — Sen. Ron Johnson Hopes for Delay of Senate Leadership Vote, Calls McConnell Push ‘Grotesque’

Senate Republicans are set to gather behind closed doors on Wednesday to select a new party leader after securing the majority—and as Sen. Mitch McConnell (R-KY) serves his final days as Senate minority leader.

The post Exclusive — Sen. Ron Johnson Hopes for Delay of Senate Leadership Vote, Calls McConnell Push ‘Grotesque’ appeared first on Breitbart.






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Exclusive — Speaker Johnson Orders Entire Biden Administration to Preserve and Retain All Records and Documents

House Speaker Mike Johnson on Tuesday ordered the entire administration of President Joe Biden to preserve all records and communications in the waning days of the outgoing Democrat administration as former President Donald Trump’s team prepares to take over.

The post Exclusive — Speaker Johnson Orders Entire Biden Administration to Preserve and Retain All Records and Documents appeared first on Breitbart.




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Travel News, Trips and Tips: Maverick & Co.'s Explorer Light Backpack Plus

We have a new favorite backpack and wow is it a good one! We'll try not to rave too much but it is worthy of all the high praise we give it!




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MySafeStreams.com Porn Spam - Hey! Can you text me please? Or hit me up on YH

Cleverly disguised WebCam Spam from MySafeStreams.com




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Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me

Larry the 419 scammer is sorry for invading your privacy.




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Same Last Name Next of Kin Scam - Larry Smith Expecting your reply

Mr Larry Smith's rely to our questions.




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Gut-Behrami wins downhill to extend lead over Shiffrin in World Cup overall standings

Lara Gut-Behrami has won a shortened World Cup downhill to close in on the injured Sofia Goggia in the discipline standings. She is on a four-race winning streak and overtook the absent Mikaela Shiffrin in the overall standings last weekend.





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New Hoaxes, Scam and Spam Examples

Over 45 new examples of hoaxes, scams and spam e-mails have been published today.




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New 419 Scam Examples Published

419 scams are on the rise again. We have published 11 new 419 scams on our site. Remember to subscribe to our RSS feed (http://feeds.feedburner.com/shpamee) if you are not already a subscriber of the SHPAMEE Project.




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Hoda Kotb is leaving NBC’s ‘Today’ show early next year

Hoda Kotb, a fixture at NBC for more than two decades, says she will leave her morning perch on the “Today” early next year, telling staffers “it’s time.”






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JAKE E. LEE Explains Why He Hated The Mix On OZZY OSBOURNE's Bark At The Moon

Pretty valid reasons, honestly.




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Metal Injection Teams With IN FLAMES For An Exclusive New Shirt

Metal Injection has teamed up with In Flames for the brand new, super limited edition Jesterheads t-shirt. The shirt features all of the different jester logos from throughout In Flames' […]




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FREDRIK ÅKESSON Explains How WALTTERI VÄYRYNEN Became OPETH's New Drummer

“We saw him play the track 'The Devil's Orchard', and he just nailed everything”




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Excellence In Jazz Playlist, November 1, 2024

All the colors of jazz!




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Excellence In Jazz Playlist, November 3, 2024

All the colors of jazz!




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Excellence In Jazz Playlist, November 4, 2024

All the colors of jazz!




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Excellence In Jazz Playlist, November 5, 2024

All the colors of jazz!




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Excellence In Jazz Playlist, November 6, 2024

All the colors of jazz!




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Excellence In Jazz Playlist, November 7, 2024

Joni Mitchell, Arturo Sandoval, Gladys Knight, Freddie Hubbard and Horace Silver!




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Excellence In Jazz Playlist, November 8, 2024

Russell Malone, Lizz Wright, Patricia Barber, Duke Ellington and Wynton Marsalis!




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Excellence In Jazz Playlist, November 10, 2024

Houston Person, Lou Rawls, Red Garland, Jazzmeia Horn and Miles Davis!




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Excellence In Jazz Playlist, November 11, 2024

Mose Allison




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Excellence In Jazz Playlist, November 12, 2024

All the colors of jazz!




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CDC calls for expanded bird flu testing after more dairy worker infections found in Colorado and Michigan

The new guidance comes after blood tests for 115 farmworkers in Michigan and Colorado showed that eight workers -- or 7% — had antibodies that indicated previous infection with the virus known as Type A H5N1 influenza.




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Keeler: If Avalanche goalie Alexandar Georgiev turns into Alexandar Four-giev vs. Minnesota Wild, it might be time to pull the plug

Q: What time is it at Ball Arena right now? A: Four past Georgiev.




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Editorial: A weak policy at CU allows coaches or professors to pursue sex with students

"Professors, coaches, and other University of Colorado employees are technically allowed to use their positions of authority to develop intimate relationships with students and athletes."