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Mark Strasser, What’s Next in Affirmative Action Jurisprudence: Fisher As Temporizing Rather Than Reflecting a New-Found Consensus, 20 J. Gender Race & Just. 157 (2017).

That a student could earn a maximum of 20 points based on race, socioeconomic disadvantage, attending a minority high school, or athletics was one aspect of the policy insufficiently emphasized.  But, in effect, this meant that only non-minority students could receive 20 points for any of the latter three, because the minority students would already have received 20 points on the basis of race.

Mark Strasser, What’s Next in Affirmative Action Jurisprudence: Fisher As Temporizing Rather Than Reflecting a New-Found Consensus, 20 J. Gender Race & Just. 157, 161 (2017) (citing Jennifer K. Murata, To See or Not to See? The Real Question Behind the Supreme Court’s Grutter & Gratz Decisions, 27 U. Haw. L. Rev. 165, 177 (2004)).

Glen Staszewski, Obergefell and Democracy, 97 B.U.L. Rev. 31 (2017)

Since the idea of same-sex marriage first reached the public consciousness beginning with the decision of the Supreme Court of Hawai’i in 1993 in Baehr v. Lewin, there has indeed been a great deal of discussion and debate about the proper treatment of this issue in a wide range of venues.

Glen Staszewski, Obergefell and Democracy, 97 B.U.L. Rev. 31, 63 (2017) (citing Obergefell v. Hodges, 135 S. Ct. 2584, 2596-97, 2605-06 (2015); Michael D. Sant’Ambrogio & Sylvia A. Law, Baehr v. Lewin and the Long Road to Marriage Equality, 33 U. Haw. L. Rev. 705, 720-741 (2011)).

Derrick Darby & Richard E. Levy, Postracial Remedies, 50 U. Mich. J.L. Reform 387 (2017).

Of course, the criminal justice system necessarily entails many discretionary judgments by police, prosecutors, judges, and juries. Given the prevalence of negative images and stereotypes of blacks – especially young black men – as dangerous, violent lawbreakers, implicit biases in the criminal justice system will be especially difficult to overcome. Training may help to reduce implicit biases, but the effectiveness of interventions is unclear.

Derrick Darby & Richard E. Levy, Postracial Remedies, 50 U. Mich. J.L. Reform 387, 471 (2017) (citing Jonathan Feingold & Karen Lorang, Defusing Implicit Bias, 59 UCLA L. Rev. Discourse 210 (2012); Brian R. Jones, Bias-Based Policing in Vermont, 35 Vt. L. Rev. 925 (2011); Robert J. Smith, Reducing Racially Disparate Policing Outcomes: Is Implicit Bias Training the Answer?, 37 U. Haw. L. Rev. 295 (2015).