Defining Diversity: Challenges to Diversity, Equity, and Inclusion Efforts in a Post-Affirmative Action America

Finals season is a time of high stress in law schools. In fact, it is not uncommon for students to fantasize about miraculously convincing a court that a four-hour exam constitutes a form of intentional infliction of emotional distress. Such commentary remains firmly in comedic territory, not reality. Occasionally, however, law students with grievances beyond those expressed in the dramatic remarks above devote time and energy to seeking legal action against their respective law schools. The U.S. District Court for the Southern District of New York encountered such a situation in Doe v. New York University, where a student alleged that the New York University Law Review’s commitment to diversity subjected him to unfair discrimination in the journal application process. Doe illustrates the confusion regarding what a commitment to diversity entails and the need for transparency in diversity initiatives.