FedSoc Forums

Diversity and Elimination of Bias CLE Teleforum: An update to the Harvard Case and the Meaning of Diversity in a Multi-Racial Era


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Written Materials: Click Here
Certificate of Attendance: Click Here (Fill in the form with the two unique codes!)
The Federalist Society offers a unique opportunity for attorneys in New York, California, Minnesota, and Illinois to fulfill the one-hour “Diversity and Elimination of Bias” CLE requirement in those states.
On September 30 a federal district judge in Massachusetts issued a ruling rejecting discrimination claims in Students for Fair Admissions v. President and Fellows of Harvard College, 2019 U.S. Dist. LEXIS 170309 (D. Mass.), a case that many expect to go to the U.S. Supreme Court and potentially redefine affirmative action law. In the case, Asian-American students allege that Harvard’s racial preferences for other minority groups discriminate against them in violation of Title VI of the 1964 Civil Rights Act. The students introduced evidence that Asian enrollment at Harvard is less than half what it would be if admission was based solely on academic achievement; that Asian applicants receive the lowest scores on an amorphous “personal rating” assigned by admissions officials who have not met them; and that Harvard’s “holistic” admissions system, touted by the Supreme Court as the model for permissible racial preferences, was originally devised to exclude Jews.
The case raises the question of the meaning of “diversity” in an increasingly multi-racial era, and the continued justification for affirmative action in that era when its burden may now fall largely not on the white majority but on another historically marginalized racial minority group.
Dennis Saffran, a New York appellate attorney and Vice President of the Federalist Society Long Island Lawyers Chapter, submitted an amicus brief in the case on behalf of the National Association of Scholars and has written about the case for the Manhattan Institute’s City Journal. He will review the Supreme Court’s major affirmative action precedents since Bakke in 1978 and the arguments in the Harvard litigation in light of these precedents.

**Additional CLE Instructions:


Please check this event page the morning of the event, where there will be a dropbox link to download all CLE Materials including the links for the online Certificate of Attendance, Evaluation Form, and the PDF Written Materials.
Call into the Teleforum number 1-888-752-3232 before 2:55 p.m. ET on Tuesday, March 31st, 2020
An electronic sign-in link will go live 10 minutes before the call start time. Please make sure to electronically sign in using this link at the beginning of the call, within 10 minutes of the start time of the call.
Listen for the "Unique Program Codes" during the call and enter those codes on your Certificate of Attendance to verify your attendance.
Fill out your Certificate of Attendance and Evaluation Form that will be accessible on the event page up until the conclusion of the event, within 14 days of the conclusion of the program.
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