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Rethinking Equality in the Global Society Clark D Georgia State University College of Law Reading Room Faculty Publications By Year Faculty Publications 1-1-1997 Rethinking Equality in the Global Society Clark D. Cunningham Georgia State University College of Law, [email protected] Follow this and additional works at: https://readingroom.law.gsu.edu/faculty_pub Part of the Comparative and Foreign Law Commons, Law and Race Commons, and the Law and Society Commons Recommended Citation Clark D. Cunningham, Rethinking Equality in the Global Society, 75 Wash. U. L.Q. 1561 (1997). This Article is brought to you for free and open access by the Faculty Publications at Reading Room. It has been accepted for inclusion in Faculty Publications By Year by an authorized administrator of Reading Room. For more information, please contact [email protected]. WASHINGTON UNIVERSITY SCHOOL OF LAW RETHINKING EQUALITY IN THE GLOBAL SOCIETY TABLE OF CONTENTS FOREW ORD ............................................................................................. 1562 CONFERENCE AGENDA ................................................................................ 1563 BIOGRAPHIES OF CONFERENCE PARTICIPANTS .......................................... 1565 TABLE OF CONTENTS FOR CONFERENCE MATERIALS .............. 1577 OPENING REMARKS ON SATURDAY, NOVEMBER 8,1997 Clark D. Cunningham .......................................................................... 1579 TRANSCRIBED CONFERENCE PROCEEDINGS ON MONDAY, NOVEMBER 10, 1997 9:00 am. Opening Plenary Dorsey Ellis, Jr., John Bowen, Clark D. Cunningham ...... 1586 9:15 am. Session I Pauline Kim, John J. Donohue, B.P. Jeevan Reddy, Sunita Parikh ....................................................................... 1590 Session II John Bowen, Linda Krieger, Aaron Porter, Pansy Tlakula ...................................................................... 1603 10:15 am. Session I Garrett Duncan, Joshua Aronson, Gerald Tones, Karthigasen Govender ........................................................ 1620 Session II Lani Guinier, Jack Knight, David B. Oppenheimer, Karen Tokarz .......................................................................1635 11:15 am. Session I Virginia Dominguez, M.N. Srinivas, Karen Porter ........... 1657 1:15 p.m. Closing Plenary N.R. Madhava Menon, Marc Galanter, Clark D. Cunningham ......................................................... 1666 1561 1562 WASHINGTON UNIVERSITY LAW QUARTERLY [VOL. 75:1561 FOREWORD From November 8-10, 1997 Washington University hosted an international conference designed to broaden American debate on the future of affirmative action. The conference, "Rethinking Equality in the Global Society," brought together leading scholars from the United States and abroad to discuss the future of affirmative action from cross-national and interdisciplinary perspectives. The future of affirmative action, especially in the area of American higher education, has been called into question by the 1996 decision of the U.S. Court of Appeals for the Fifth Circuit in Hopwood v. State of Texas, requiring race-blind admission to state universities in Texas, and the passage of Proposition 209 in California. The seemingly endless American debate on this issue almost entirely has ignored the fact that other countries faced with comparable problems of remedying the effects of past discrimination have developed programs and acquired experience from which Americans might learn. Further, the legal debate has not been adequately informed by the social science disciplines. This conference was intended to expand discussion at a critical moment by introducing these missing perspectives. The conference was organized by Professors Clark D. Cunningham (Washington University), Marc Galanter (Wisconsin) and N.R. Madhava Menon (National Law School of India). The conference was jointly sponsored by the School of Law and the Program in Social Thought and Analysis, an interdisciplinary, university-wide program. The conference was a major event to celebrate the opening of a new law school building at Washington University. Total attendance at the conference was limited because most sessions were small group discussions. Session topics included affirmative action policies and programs in India and South Africa; approaches to designing, implementing and measuring effects of affirmative action programs; and how affirmative action differs in contexts of higher education, employment, and governance. The plenary speeches and panel discussions on the final day were transcribed and form the basis of this article. 19971 RETHINKING EQUALITY IN THE GLOBAL SOCIETY5 1563 AGENDA SATURDAY, NOVEMBER 8, 1997 IntroductoryRemarks 1:00 p.m. - 2:00p.m. Mark Wrighton, Chancellor, Washington University Jack Knight, Social Thought & Analysis, Washington University Marc Galanter, Institute for Legal Studies, University of Wisconsin N.R. Madhava Menon, National Law School of India Clark D. Cunningham, Washington University School of Law ConcurrentSessions 2:00p.m. - 4:00p.m. INDIA SOUTH AFRICA SUNDAY, NOVEMBER 9, 1997 ConcurrentSessions on Affirmative Action Session I 9:30 a.m. - 11:30 a.m. Group A: Selecting andDefining Groups to Receive Preference Group B: ProgramDesign: Quotas v. Goals v. Incentives/Subsidies Group C: EvaluatingEffects: Positive andNegative Session 11 1:30 p.m. - 3:30 p.m. Group A: HigherEducation Group B: PrivateSector Employment Group C: Government: Employment and Governance MONDAY, NOVEMBER 10, 1997 9:00 am. OpeningPlenary Dorsey D. Ellis, Jr., Dean, Washington University School of Law John Bowen, Social Thought & Analysis, Washington University Clark D. Cunningham, Washington University School of Law 1564 WASHINGTON UNIVERSITY LAW QUARTERLY [VOL. 75:1561 9:15 a.m. Session I Pauline Kim, Washington University School of Law John J. Donohue il, Stanford Law School B.P. Jeevan Reddy, Justice, Supreme Court of India (retired) Sunita Parikh, Department of Political Science, Washington University Session II John Bowen, Department of Anthropology, Washington University Linda Krieger, University of California, Berkeley Law School Pansy Tlakula, Human Rights Commission, South Africa Aaron Porter, Department of Sociology, University of Illinois 10:15 am. Session I Garrett Duncan, Department of Education, Washington University Gerald Torres, University of Texas Law School Joshua Aronson, Department of Educational Psychology, University of Texas Karthy Govender, Law Faculty, University of Natal-Durban, South Africa Session II Karen Tokarz, Washington University School of Law Lani Guinier, University of Pennsylvania Law School Jack Knight, Department of Political Science, Washington University David Oppenheimer, Golden Gate Law School 11:15 a.m. Session I Karen Porter, Washington University School of Law Virginia Dominguez, Department of Anthropology, University of Iowa M.N. Srinivas, National Institute of Advanced Studies, India 1:15 p.m. ClosingPlenary Marc S. Galanter, University of Wisconsin Law School N.R. Madhava Menon, National Law School of India Clark D. Cunningham, Washington University School of Law 1997] RETHINKING EQUALITY IN THE GLOBAL SOCIETY 1565 BIOGRAPHIFS OF CONFERENCE PARTICIPANTS Joshua Aronson, Assistant Professor of Social and Educational Psychology University of Texas at Austin B.A. University of California, Santa Cruz (1986); M.S. Princeton University (1989); Ph.D. Princeton University (1992). His research focuses on the effects of racial stereotypes on the academic achievement, attitudes and self-esteem of minority students. He has conducted numerous studies examining how awareness of stereotypes interferes with performance on standardized tests, thus offering an alternative account to genetic and cultural accounts for race and gender differences in testing and school performance. His most recent work offers innovative methods of improving the performance of African American college students. His awards for research include a Spencer fellowship and a James S. McDonnell fellowship. His publications include, Stereotype Threat and the Academic Performance of MinoritiesAnd Women, in J. Swim and C. Stangor (Eds.), PREJUDICE: THE TARGET'S PERSPECTIVE, Academic Press (with Diane Quinn and Steven Spencer), Stereotype Threat and the Intellectual Test Performance of African-Americans, 69 J. PERSONALITY & SOC. PSYCHOL. 797 (with Claude Steele), and How Stereotypes Influence the Standardized Test Performance of Talented African American Students, in C. Jencks & M. Phillips (Eds.), BLACK-WHITE TEST SCORE DIFFERENCES, Harvard Press (with Claude Steele). Ian Ayres, William K. Townsend Professor Yale Law School B.A. Yale University (1981); J.D. Yale Law School (1986); Ph.D. Massachusetts Institute of Technology (1988). He clerked for the Honorable James K. Logan of the Tenth Circuit Court of Appeals, previously taught at Northwestern, Stanford and Virginia law schools, and has been a research fellow of the American Bar Foundation. His scholarship focuses on antitrust, contracts, corporations, civil rights, and the field of law and economics. He has advised the U.S. Department of Justice in the development of afftrmative action policies and procedures. His publications include Narrow Tailoring, 43 UCLA L. REV. 1781 (1996), The Q-Word as Red Herring: Why DisparateImpact Liability Does Not Induce Hiring Quotas, 74 TEX. L. REV. 1487 (1996) (with Peter Siegelman), and Fair Driving: Gender and Race Discrimination in Retail Car Negotiations, 104 HARV. L. REV. 817 (1991). 1566 WASHINGTON UNIVERSITY LAW QUARTERLY [VOL. 75:1561 John Bowen, Professor
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