Naked Racial Preference

PUBLISHERS WEEKLY 31. JAN. 2005

Cohen (Civil Disobedience), a philosophy professor at the University of Michigan, offers carefully argued critiques of what he calls the often-contorted reasoning behind judicial decisions upholding affirmative action. In this collection (mainly articles previously published in law reviews and magazines such as Commentary), Cohen deconstructs notable cases (e.g., Bakke and Weber) and analyzes such issues as the vaguely defined legal standards (e.g., a ``compelling'' government interest). However, Cohen's antipathy toward racial preference does not extend to other preferential programs (What about gender? Alumni legacies?), and his proffered solution--policies that do not involve classification by race--doesn't necessarily address our society's embedded racism.