Abstract
For most commentators, the Supreme Court decision concerning so-called affirmative action places both Harvard and the University of North Carolina in the same category. They either support or oppose this finding for both schools equally. The present article diverges from that pattern. It ends up supporting this decision but for very different reasons in each case. The University of North Carolina finding is a slam dunk, in this view. But the Harvard finding is far more complicated, resting upon the resolution of the question, Is this really a private or a public university?
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