Justin Driver - Böcker

A New York Times Book Review Editors’ ChoiceFor decades, affirmative action reshaped not just American higher education but the broader society, opening doors that had been closed for centuries and transforming who entered the pathways to power. But the Supreme Court in 2023 killed affirmative action in Students for Fair Admissions v. Harvard, a decision hailed by the right as a triumph of conservative colorblindness and decried by the left as requiring the end of racial equity. Both sides, Yale Law School professor Justin Driver contends, are wrong.Perversely, even when viewed through a conservative lens, the Court’s decision ushers in a less desirable admissions regime. The post-SFFA model places a new premium on students of color voicing their racial trauma in elaborate application essays, entrenching the very racial victimization and essentialism that conservatives purport to loathe. The Trump Administration’s assault on higher education has been fueled by distorted readings of SFFA, further clouding the opinion’s already opaque meaning. But SFFA, properly understood, leaves universities significant legal room to combat Trump’s anti-D.E.I. onslaught by adopting innovative policies that foster diversity—including preferences for descendants of slavery, members of tribes, and applicants from blighted communities.Far from a mere eulogy, The Fall of Affirmative Action provides a blueprint for the future—a rallying cry for citizens to forge new paths to inclusion and push back against the notion that racial equity is doomed. The death of affirmative action, Driver insists, need not mean the death of opportunity.

Since it first appeared in 1960, The Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.  This year’s volume features prominent scholars assessing major legal events, including:  Mark Tushnet on President Trump’s “Muslim Ban”Kate Andrias on Union Fees in the Public SectorCass R. Sunstein on Chevron without ChevronTracey Maclin on the Fourth Amendment and Unauthorized DriversFrederick Schauer on PrecedentPamela Karlan on Gay Equality and Racial EqualityRandall Kennedy on Palmer v. ThompsonLisa Marshall Manheim and Elizabeth G. Porter on Voter SuppressionMelissa Murray on Masterpiece CakeshopVikram David Amar on CommandeeringLaura K. Donohue on Carpenter, Precedent, and OriginalismEvan Caminker on Carpenter and Stability

Since it first appeared in 1960, The Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.  This year’s volume features incisive assessments of major legal events, including:  Gillian E. Metzger on The Roberts Court's Administrative LawPaul Butler on Peremptory Strikes in Mississippi v. FlowersNicholas O. Stephanopoulos on Partisan GerrymanderingKent Greenfield on Hate SpeechJennifer M. Chacon on Department of Commerce v. New YorkMicah Schwartzman & Nelson Tebbe on Establishment Clause AppeasementWilliam Baude on Precedent and OriginalismLinda Greenhouse on The Supreme Court’s Challenge to Civil SocietyJames T. Kloppenberg on James Madison

Since it first appeared in 1960, The Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.This year’s volume features incisive assessments of major legal events, including:Cristina M. Rodríguez on the Political Significance of LawMartha Minow on Little Sisters of the PoorCass R. Sunstein and Adrian Vermeule on the Unitary ExecutiveCary Franklin on Living TextualismDavid A. Strauss on Sexual Orientation and the Dynamics of DiscriminationSaikrishna Bangalore Prakash on the Executive’s Privileges and ImmunitiesReva B. Siegel on Abortion RestrictionsMaggie Blackhawk on McGirt v. OklahomaRichard J. Lazarus on Advocacy History

An annual peer-reviewed law journal covering the legal implications of decisions by the Supreme Court of the United States.Since it first appeared in 1960, the Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.