ABSTRACT

Instead of focusing on the question of oppression, discussions of affirmative action since Bakke have focused on issues of “diversity” and the inclusion of “minorities” in various societal institutions. This narrow focus-owing much to Justice Lewis Powell’s controlling opinion in Bakke-Jones contends is illogical because it makes “affirmative action… an act of majority benevolence rather than one of reparations to atone for past and continuing crimes against humanity.”4