ERIC Number: ED170840
Record Type: RIE
Publication Date: 1979
Reference Count: N/A
The Bakke Decision: Implications for Admissions.
Morris, Arval A.
This paper discusses the Supreme Court's treatment of the issues in Bakke v. Regents of University of California and its implications for admissions programs. Bakke raised two basic issues in his reverse discrimination suit. First, he argued that Davis's medical school admission program was illegal under Title VI. Second, he claimed unconstitutional and unequal treatment under the equal protection clause of the Fourteenth Amendment. This paper discusses the three principle opinions by the Supreme Court justices Stevens, Powell, and Brennan. It concludes that the Bakke decision holds Davis's program to be illegal without any consistently agreed upon rationale by the majority. Also, Bakke yields no definitive interpretation of Title VI on whether that title's content is the same or different from the equal protection clause. Bakke settles so little that it is virtually useless as a precedent. The paper notes, however, that many possible admissions systems might measure up to the required standards. (Author/LD)
Descriptors: Admission Criteria, Equal Protection, Higher Education, Medical Schools, Reverse Discrimination, Speeches, Supreme Court Litigation
Not available separately; See EA 011 580
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Bakke v Regents of University of California
Note: Chapter 6 of "Contemporary Legal Issues in Education" (EA 011 580); For related documents, see EA 011 580-581 and EA 011 583-598 ; Paper presented at the 1978 Annual Convention of the National Organization on Legal Problems of Education