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100 N.C. L. Rev. 237 (2021-2022)
The End of Affirmative Action

handle is hein.journals/nclr100 and id is 245 raw text is: THE END OF AFFIRMATIVE ACTION' MEERA E. DEO, J.D., PH.D. We have arrived at the end of affirmative action. Now, more than ever, institutions of higher learning must move beyond a single-minded focus on educational diversity, which admits students of color primarily to enrich the classroom experiences of their white peers and then ignores what they may need to maximize both engagement and retention. Instead, affirmative action programs need an immediate update; they should take contemporary issues of race and racism into account, as well as the lived realities of students of color- by including multiracial students, recognizing diversity beneath the student of color umbrella, acknowledging intra-racial differences in pan-ethnic groups, and accepting that the resources and realities of Black immigrants differ from Black native-born Americans. Furthermore, to maximize the benefits of educational diversity, institutions must also prioritize equity and inclusion once students are enrolled. Using national longitudinal data from the Law School Survey of Student Engagement, this Article compares and contrasts students from different backgrounds on multiple measures to reveal how their lived realities should guide affirmative action policies for their remaining years. INTRODUCTION ............................................................................ 238 I. AFFIRMATIVE ACTION AS WE KNOW IT ...............................241 A. Evolving Jurisprudence ...................................................... 241 B. Outdated Procedures ......................................................... 243 1. Understanding Current Policies ................................ 244 2. Analyzing Existing Models ....................................... 249 II. LIVED REALITIES OF CURRENT STUDENTS........................... 251 A. Introducing Contemporary Law Students ..............................252 B. Empirically Measuring Student Differences ...........................257 * ©2021 Meera E. Deo. ** The Honorable Vaino Spencer Professor of Law at Southwestern Law School, Affiliated Faculty at the American Bar Foundation, and Director of the Law School Survey of Student Engagement (LSSSE). The author thanks Orin Kerr, Melissa Murray, Mike Dorff, Rebecca Tsosie, Luis Fuentes-Rohrer, Bernadette Atuahene, Chris Cameron, Justin Pidot, KJ Greene, Christopher Schmidt, Eunice Lee, and Isabelle Gunning for useful feedback and conversations on this Article. Chad Christensen, Jakki Petzold, and Ishani Chokshi provided outstanding research assistance. The Article has also benefitted from presentations at UC Davis School of Law, University of Arizona Rogers College of Law, University of the Pacific McGeorge School of Law, Southwestern Law School, and Chicago-Kent College of Law. Helpful comments were also shared at the 2020 American Sociological Association Annual Meeting and in UCLA Professor Laura Gomez's Advanced Critical Race Studies Spring 2020 course.

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