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32 Akron L. Rev. 603 (1999)
White Privilege and Affirmative Action

handle is hein.journals/aklr32 and id is 613 raw text is: WHITE PRIVILEGE AND AFFIRMATIVE ACTION by Sylvia A. Law* As we approach the new century, the Nation is at a critical juncture with respect to race relations and the law. For the past two decades affirmative action has been the central mechanism through which we have promoted racial integration, and, at the same time, a central issue of controversy. Since 1996, many authoritative voices challenge the legitimacy of affirmative efforts to achieve racial integration. The Supreme Court has struck down many affirmative action programs. The Court has not upheld any affirmative action program since 1989, when, by a 5-4 decision, it approved a narrowly targeted Congressional program to encourage minority ownership of broadcast licences.' In 1996, California voters approved Proposition 209, broadly prohibiting any form of affirmative action on the basis of race or gender. In the same year, in the Hopwood decision, the Fifth Circuit held that the University of Texas could not give any consideration to race in determining admissions to its law school.2 In November 1998, the First Circuit Court of Appeals held that the affirmative action admission policies of Boston Latin High School were unconstitutional.3 Before I discuss affirmative action, I would like to put the issues into a new analytic framework, suggested by my title -- White Privilege. I. WrITE PRIVILEGE. A. The General Concept. Stephanie Wildman, in her magnificent book PRIVILEGE REVEALED, notes that * Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, NYU Law School. This was originally presented as The Mansfield Lecture, at The University of Akron School of Law, Jan. 28, 1999. Many people gave me helpful comments and research leads. I am grateful to: Ben Ensminger-Law, Kenneth Huber, Paul Finkelman, Kenneth T. Jackson, Alice Law (my mom who studies the history of our homesteading family), Josh Meisler, John Reid, Michael Schill, and Stephanie Wildman. Adam Wendell, NYU 2000, provided magnificent research help. My assistant, Leslie Jenkins, is an invaluable aid. NYU Law School's Filomen D'Agostino and Max E. Greenberg Faculty Research Fund provided financial support. ' Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990). This was one of Justice Brennan's last decisions and many observers see it as a farewell tribute to him. 2Hopwood v. State of Texas, 84 F.3d 720 (5th Cir. 1996), cert. denied, 116 S. Ct. 2581 (1996). ' Wessman v. Gittens, 160 F.3d 790 (1S Cir. 1998).

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