The Limits of Equality: A People’s History of Affirmative Action

February 27, 2023
Harvard Law & Policy Review

The Harvard Law & Policy Review (HLPR) is published twice annually by Harvard Law Students and serves as the official journal of the American Constitution Society for Law and Policy (ACS), which takes no position on particular legal or policy initiatives. 

Prompted by the U.S. Supreme Court’s decision to grant the petition for writ of certiorari in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the HLPR has dedicated the Summer 2022 issue to “colorblindness,” to shed light on the doctrinal areas of where and how the law permits consideration of race and the doctrinal areas where it does not. The articles in this issue encourage readers to develop their views about the doctrinal areas where and how the law should permit consideration of race and where it should not.

Associate Elijah McDonnaugh has contributed an essay exploring the normative and conceptual issues underlying the Supreme Court’s jurisprudence by situating them within the historical context of the broader struggle for educational equality in the U.S.

Click here to read the full essay.

Click here to read the full issue.