ERIC Number: ED480162
Record Type: RIE
Publication Date: 2003-Apr
Update on Affirmative Action in Higher Education: A Current Legal Overview.
This update reviews affirmative action cases in higher education in the context of the Supreme Court's recent decision to hear the Michigan affirmative action cases. The Supreme Court's decision on the Michigan cases will be the first Supreme Court opinion on affirmative action in higher education since "Bakke." Individual federal circuits and districts have precedents in place that have had a chilling effect on affirmative action programs in higher education, but other circuit courts have precedents supporting diversity as a compelling state interest. Cases are described that relate to student recruitment, admissions, and financial aid. Important recent cases include "Hopwood v. University of Texas" and "LeSage v. University of Texas." The two Michigan cases, affecting undergraduate and law school admissions, are expected to be important decisions, largely because Michigan is a highly selective public institution in a state with no history of de jure segregation. Also reviewed are cases relating to the context of desegregation, participation in federal programs, faculty employment, and affirmative action in elementary and secondary education. (SLD)
Descriptors: Affirmative Action, College Admission, Court Litigation, Higher Education, Student Financial Aid
For full text: http://www.aaup.org/Issues/AffirmativeAction/aalegal.htm.
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: American Association of Univ. Professors, Washington, DC.