Civil Procedure and Litigation

UC Berkeley Law professor David Oppenheimer, author of “The Diversity Principle,” which recounts 200 years of policies promoting diversity in employment, education and politics, said Tuesday he thinks Stanford could make a legitimate argument that its training course is different from minority-admissions programs that the Supreme Court prohibited.

“The defendant has simply listed every affirmative defense that could apply to any of the claims,” said Professor David Oppenheimer, clinical professor of law at the University of California, Berkeley School of Law. “The common term for such an answer is ‘boilerplate.’ The purpose is to preserve any conceivable defense.”