Defending affirmative action "continues to be important and necessary." But, Susan Sturm argues, affirmative action is not enough. Institutional transformation is necessary to correct structural bias in education.
Anthony Chen and Lisa Stulberg argue that the diversity rationale for affirmative action originated earlier—and for different reasons—than scholars previously thought.
The diversity rationale for race-based affirmative action drastically departs from its traditional justification as a remedy for past discrimination. Amy Wax argues that the diversity rationale paves the way for "affirmative action forever." In this new paradigm, to remain true to the civil-rights laws, courts must prohibit racial preferences in education and employment unless their proponents offer specific evidence that the benefits of racial preferences outweigh their cost.