ERIC Number: ED456194
Record Type: Non-Journal
Publication Date: 2001
Reference Count: N/A
Diversity and Affirmative Action: Evolving Principles and Continuing Legal Battles.
Palmer, Scott R.
This chapter reviews the legal standards governing affirmative action in higher education, examining the diversity rationale and contrasting the cases of Hopwood v. Texas and Wittmer v. Peters, which were decided in 1996. It discusses: the legal standard governing affirmative action in higher education; the remedial interest in overcoming the present effects of past discrimination; the nonremedial interest in realizing the educational benefits of diversity; Hopwood v. Texas and its rejection of educational diversity; and Wittmer v. Peters and support for nonremedial affirmative action. It concludes that the law governing affirmative action in higher education is at a crucial point in its development. Several key cases are pending, and there is a strong chance that the Supreme Court will address the issue in the near future. The chapter notes that the higher education community must use this time to build upon the Supreme Court's 1978 decision in Regents of the University of California v. Bakke (which declared that a university's interest in securing the educational benefits that flow from student diversity is a compelling interest that can constitutionally support the use of race as a factor in student admissions) and develop its case for the educational value of diversity. (Contains 79 endnotes.) (SM)
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Hopwood v Texas