ERIC Number: ED474607
Record Type: Non-Journal
Publication Date: 2003-Mar
Revisiting Bakke and Diversity-Based Admissions: Constitutional Law, Social Science Research, and the University of Michigan Affirmative Action Cases. Briefing Paper.
Ancheta, Angelo N.
This paper explains how upcoming U.S. Supreme Court decisions in Gratz v. Bollinger and Grutter v. Bollinger are expected to broadly affect the future of race-conscious affirmative action. In these cases, the Supreme Court addresses the constitutionality of admissions policies at the University of Michigan designed to promote educational diversity in the undergraduate college and law school. The University's policies draw legal support from the U.S. Supreme Court's 1978 ruling in Regents of the University of California v. Bakke, when the Court upheld the use of race as a factor in higher education admissions. This paper discusses the constitutional questions before the Court and recent research findings directly relevant to answering these questions. Part 1 provides information on the Bakke case and the more recent cases challenging the Bakke ruling. Part 2 examines the basic legal and constitutional questions at stake in the University of Michigan cases. Part 3 highlights research findings relevant to the question of whether promoting diversity in higher education is a compelling governmental interest. Part 4 examines research findings regarding the "narrow tailoring" requirement (which evaluates the fit between a compelling interest and the policy adopted to advance that interest), including the effectiveness of race-conscious and race-neutral policies. (Contains 98 footnotes.) (SM)
Descriptors: Affirmative Action, College Admission, Constitutional Law, Diversity (Student), Higher Education, Racial Integration, Selective Admission, Social Science Research
Civil Rights Project, Harvard University, Cambridge, MA. Web site: http://www.civilrights project.harvard.edu/.
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Harvard Civil Rights Project, Cambridge, MA.
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Gratz et al v Bollinger et al; Grutter et al v Bollinger et al; United States Constitution