Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2001 A General Theory of Cultural Diversity Steven A. Ramirez Loyola University Chicago, School of Law,
[email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Civil Rights and Discrimination Commons Recommended Citation Ramirez, Steven, A General Theory of Cultural Diversity, 7 Mich. J. Race & L. 33 (2001) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. A GENERAL THEORY OF CULTURAL DIVERSITY Steven A. Ramirez* IN TRO D U CTIO N ........................................................................ 33 I. THE SCIENCE, PSEUDO-SCIENCE AND SOCIAL SCIENCE OF RACE ......... 40 II. THEVALUE OF CULTURAL DIVERSITY ................................................. 51 III. EQUAL PROTECTION AND CULTURAL DIVERSITY ................................ 67 CONCLUSION:A MODEL OF CULTURAL DISCRIMINATION ................... 77 INTRODUCTION Recent affirmative action litigation involving the University of 2 of Michigan 3 Texas,' the University of Washington, and the University has once again ushered the diversity rationale for affirmative action onto center stage. This Article focuses on a different aspect of diversity that en- tails culture-conscious decision-making that seeks to exploit meritorious cultural insights, experiences, and facilities offered by persons of tradition- ally-excluded backgrounds. It does not appear that this approach to * Professor of Law Washburn University School of Law. Of Counsel, Polsinelli, Shal- ton & Welte, Kansas City, Missouri. I wish to thank Associate Professor Alex Glashausser for contributing many helpful suggestions and valuable insights to this Article.