Wrestling with Diversity

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Duke University Press, Oct 6, 2003 - Law - 348 pages
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“Diversity” has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences—including race and ethnicity—and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson’s characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.

Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.

 

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Wrestling with diversity

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In contemporary academic and legal discourse, the term"diversity" has become such a floating signifier that the word can be taken to mean virtually anything. Levinson is well aware that the term's ... Read full review

Contents

Introduction
1
1 Diversity
11
2 Promoting Diversity in the Public Schools Or To What Extent Does the Establishment Clause of the First Amendment Hinder the Establishment of ...
62
Religion Diversity and Community in Public and Private Schools with Meira Levinson
94
Reflections on the Construction of Professional Identity
124
5 National Loyalty Communalism and the Professional Identity of Lawyers
163
Catholics Becoming Justices
192
What Does Liberalism Demand of the Religiously Oriented WouldBe Judge?
233
8 Is Liberal Nationalism an Oxymoron? An Essay for Judith Shklar
256
9 Culture Religion and the Law with Rachel Levinson
278
Bibliography
319
Index
331
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About the author (2003)

Sanford Levinson is W. St. John Garwood and W. St. John Garwood Jr. Centennial Chair in Law at the University of Texas School of Law. He is the author of Written in Stone: Public Monuments in Changing Societies (also published by Duke University Press) and Constitutional Faith.

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