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ERIC Number: EJ811186
Record Type: Journal
Publication Date: 2008-Mar
Pages: 24
Abstractor: As Provided
Reference Count: N/A
ISSN: ISSN-0953-9964
The Non-Discrimination Principle and American Higher Education: Judicial Failure to Recognize the Present Effects of Past Discrimination
Bickel, Robert D.
Education and the Law, v20 n1 p1-24 Mar 2008
This article suggests that any approach to the issue of access to higher education in the United Kingdom not view the approach of the United States in the recent University of Michigan cases as providing appropriate guidance. It is the author's assertion that the United States Supreme Court has failed to recognize the present effects of a long history of deliberate racial segregation of higher education in America and the affirmative duty of public higher education to remedy the effects of America's unique system of racial segregation. Specifically, the Supreme Court's jurisprudence has abandoned the interests of the victims of a judicially sanctioned exclusion of African-Americans from public higher education during most of the 20th Century, and has instead supported equal access only to the extent that it furthers the university's own interests in so-called "diversity". This disregard for the history of American racial segregation is inconsistent with the Constitutional principles announced in Brown v. Board of Education and the federal judicial decisions which secured and advanced the mandate for racial equality announced in Brown v. Board. (Contains 34 notes.)
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Publication Type: Journal Articles; Opinion Papers
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United Kingdom; United States