Jurisprudence of Affirmative Action: A Post-Realist Analysis, 65 Georgetown Law Journal 879 (1977)
In this essay, Professor Deutsch explains why the Realists' description of our legal system is invalid and then proposes a post-Realist explanation of it. Using the example of affirmative action, he attempts to demonstrate both why society accepts desegregation decrees and why judges often reject racial quotas although such quotas may be the most efficient means of remedying past discrimination.
Date of Authorship for this Version
Deutsch, Jan Ginter, "Jurisprudence of Affirmative Action: A Post-Realist Analysis" (1977). Faculty Scholarship Series. Paper 1880.