Legal Commentary

Can States Restrict Their ?Supportive Nudges? to Graduate Students By Race?

Good question, if I do say so myself. And I say quite a bit more here, on Minding The Campus, although I conclude my discussion of that question with a question:

Thus, unless I'm missing something, it seems clear that these sixteen states are at least indirectly funding racially restrictive scholarship, and many of those states are subject to the jurisdiction of the United States Court of Appeals for the Fourth Circuit, which in Podberesky v. Kirwan, 38 F.3d 147 (1994), specifically prohibited such scholarships.

Can states fund through third parties activities that they are prohibited from doing directly? (For discussion of essentially the same question, see Can A Public University "Partner" With A Private Group That Discriminates?)

Full post as published by Discriminations on November 16, 2010 (boomark / email).