ERIC Number: ED158681
Record Type: Non-Journal
Publication Date: 1978
Reference Count: N/A
The Bakke Decision: Implications for Higher Education Admissions. A Report of the ACE-AALS Committee on Bakke.
McCormack, Wayne, Ed.
An analysis is presented of the "Bakke" decision and the several opinions of the Supreme Court Justices. The principal issue presented by the case is whether a higher education institution using a selective admission program may adjust that program by giving explicit preference to qualified members of identified racial or ethnic groups who would otherwise be denied admission. The circumstances are outlined in the application and rejection of Allan Bakke to the Medical School of the University of California at Davis. Bakke's Case in the Superior Court of California is analyzed and the considerations in the Supreme Court decision relating to violation of Title VI of the Civil Rights Act of 1965 are covered. The three principal opinions in the Supreme Court decision were by Justice Powell, one by Justices Brennan, White, Marshall, and Blackmun (each of the latter three also write separate opinions), and one by Justice Stevens (joined by Chief Justice Burger and Justices Stewart and Rehnquist). Implications of the decision that are discussed concern Title VI coverage, discretion in constructing admission plans. A basic conclusion to be drawn from this report is that the Supreme Court has recognized the authority of institutions of higher education to continue under certain circumstances their affirmative action programs. (SW)
Descriptors: Admission (School), Affirmative Action, Civil Rights, College Admission, Desegregation Effects, Equal Education, Graduate Study, Institutional Autonomy, Legal Responsibility, Medical Schools, Minority Groups, Models, Racial Integration, Reverse Discrimination, Selective Admission, Supreme Court Litigation
Publications Sales Office, American Council on Education, One Dupont Circle, Washington, D.C. 20036 ($3.00)
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: Association of American Law Schools, Washington, DC.; American Council on Education, Washington, DC.
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Civil Rights Act 1964 Title VI