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36 J.C. & U.L. 983 (2009-2010)
From Desegregation to Diversity and beyond: Our Evolving Legal Conversation on Race and Higher Education

handle is hein.journals/jcolunly36 and id is 1033 raw text is: FROM DESEGREGATION TO DIVERSITY AND BEYOND: OUR EVOLVING LEGAL CONVERSATION ON RACE AND HIGHER EDUCATION JONATHAN R. ALGER* I. IN TRO DUCTION ....................................................................................... 983 II. STRICT SCRUTINY ................................................................................. 985 III. A HISTORY OF DISCRIMINATION AND THE REMEDIAL RATIONALE .... 986 IV. THE FIRST COUNTER-REACTION ......................................................... 988 V. THE DIVERSITY RATIONALE TAKES HOLD, AND THE NEXT B ACKLASH B EGIN S ......................................................................... 990 VI. THE ESTABLISHMENT REACTS TO DEFEND DIVERSITY ...................... 992 VII. WHERE IS THE LEGAL DIALOGUE GOING NEXT? ............................... 993 VIII. SOME REFLECTIONS ON THE DEBATE AND WHAT WE'VE L EA RN ED ......................................................................................... 997 I. INTRODUCTION At the dawn of the twentieth century, civil rights leader W.E.B. Du Bois famously declared that the problem of the Twentieth Century is the problem of the color-line.' He was speaking at a time when slavery had been abolished but when separate but equal segregation was nevertheless recognized and reinforced by the law of the land,' and when true equality of opportunity was far from a reality. His prediction foreshadowed a century of conflict and change in race relations, which was perhaps nowhere more prominent than in the field of education. By 1960, when the * Senior Vice President and General Counsel, Rutgers, The State University of New Jersey (B.A., Swarthmore College; J.D., Harvard Law School) and First Vice President of the National Association of College and University Attorneys, 2009-10. The author would also like to thank Sarah Luke, Assistant General Counsel at Rutgers, for her research and editorial assistance. 1. W.E.B. Du BoIs, THE SouLs OF BLACK FOLK xxxi (A.C. McClurg & Co., 1903). 2. See Plessy v. Ferguson, 163 U.S. 537 (1896).

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