ERIC Number: ED202366
Record Type: RIE
Publication Date: 1978-Sep
Reference Count: 0
The Remand of Bakke.
Dershowitz, Nathan Z.
Perspectives on the Supreme Court's decision in Bakke are considered. It is suggested that the decision was like a remand to the nation and especially to the universities to try to devise and work toward affirmative action programs within certain parameters. Justice Powell gives the schools a great degree of latitude but does give guidance for the necessary self-analysis that now must occur. First, all two-track systems and all overt and covert quotas must be eliminated, except where imposed by court order to correct past discrimination. Second, pre-Bakke race-conscious programs, especially nondiversity predicated programs (e.g., those which directly sought to counter the effects of societal discrimination) must be evaluated. It is suggested that the kinds of diversity beyond race and ethnicity that are legitimate for a medical or law school are open for discussion. Justice Powell's opinion in regard to citing the fundamental 14th Amendment conflict and First Amendment concepts of academic freedom raises some conceptual questions. However, he does not require universities to seek diversity, but approves of the goal under the rubric of academic freedom. Now work must be done to make legitimate affirmative action efforts with individualized determinations and without divisive quotas and two-track systems. At the same time affirmative action has been endorsed. Within these parameters, those on both sides of the Bakke case now have guidelines within which to work constructively together. (SW)
Descriptors: Academic Freedom, Access to Education, Admission Criteria, Affirmative Action, College Admission, Court Litigation, Educational Discrimination, Educational Opportunities, Ethnic Discrimination, Ethnicity, Higher Education, Minority Groups, Race, Racial Discrimination, Self Evaluation (Groups), Student Characteristics, Student Evaluation
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Sponsor: Kellogg Foundation, Battle Creek, MI.
Authoring Institution: State Higher Education Executive Officers Association.; Education Commission of the States, Denver, CO. Inservice Education Program.
Identifiers: Bakke v Regents of University of California; Seminars for State Leaders Postsec Ed (ECS SHEEO); Supreme Court
Note: Paper presented at a Seminar for State Leaders in Postsecondary Education (New York, NY, September 1978). Not available in paper copy due to marginal legibility of original document.