A Complicated Record On Race

Newsweek, April, 2008 by Dahlia Lithwick

All sides of the affirmative-action debate think Barack Obama agrees with them. And he might.

When it comes to the question of race in America, Barack Obama is used to hot tempers, accusations of bias, protests, speeches and pained outrage. In 1990 Harvard Law School was a key battleground in the identity wars. The faculty was angrily split over minority hiring and how to teach race in the classroom. Two years earlier 50 students had occupied the dean’s office, demanding a more diverse faculty; that spring Derrick Bell—the first African-American to get tenure at Harvard Law School—resigned over the issue.

Similar tensions roiled the prestigious Harvard Law Review. “That year was unusual in that there was a group of very assertive conservative types on the Law...

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