"In several cases addressing the constitutionality of affirmative action admissions policies the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather diversity also benefits white students who grow through encounters with minority students it contributes to social and intellectual life on campus and it serves society at large by aiding the development of citizens equipped for employment and citizen-ship in an increasingly diverse country."

"This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery segregation the Holocaust and other human tragedies the idea of "race" can perpetuate prejudices and misconceptions and serve as justification for systematic persecution. "Race" suggests that human beings can be divided into subspecies some of which are morally and intellectually inferior to others. The law has important symbolic and expressive value and is often efficacious as a force that shapes public ideology. Consequently it must undermine the notion that "race" is a legitimate mechanism by which to categorize human beings. Furthermore the focus on rigid "racial" classifications obfuscates political discussion concerning affirmative action scientific research and social inequities. When we speak of "racial" diversity discrimination or inequality it is unclear whether we are referring to color socioeconomic status continent of origin or some other factor. Because the term "race" subsumes so many different ideas in people's minds it is not a useful platform for social discourse."