As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

The racial diversification of America's higher education system has been at the forefront of legal argument for the last seventy-five years. Ground-breaking decisions birthed the inclusion of affirmative action policies in higher education after the enactment of the Civil Rights Act of 1964. In recent years, both the utility and constitutionality…

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

Summarizes the historical evolution of both the legal and moral arguments surrounding affirmative action in higher education. Discusses black higher education institutions and black scholars, desegregation and the Civil Rights Movement, the Civil Rights Act of 1964, admissions quotas, and the connection between law and educational policy. (MKA)

This paper provides an analysis by three black leaders of how the law, the nation, and the church agencies have responded to liberation issues in recent years. Victor M. Goode analyzes the role and status of blacks under the law from the Scott v. Sandford decision in 1857 through the dismantling of the formal structures of slavery and the modern…

The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

An overview is given of the mechanics of dispute resolution under Title VII of the Civil Rights Act of 1964. Described and analyzed are the various stages during the processing of a dispute when settlement is possible. The effects of Bakke and Weber decisions on the process are considered. (MSE)

Changes in the world of higher education since the '60s can be captured in several photographs, including the aftermath of the war protest rally at Kent State, James Meredith with the National Guard, Allan Bakke beside a patient's bed, and the Asian student in Beijing who challenged government tanks. (MLW)

In an expansion of his paper presented at the American Bar Association's 1978 annual meeting, Professor Goetz reviews the 1977 Supreme Court labor law decisions, focusing on employment discrimination cases and the legality of affirmative action programs in the decision in Board of Regents of the University of California v Bakke. (MF)

The nature of legal argument, including judicial decisions, puts severe limits on the educational advances that can be expected by Black Americans through litigation. The Brown decision, for example, has been a mixed blessing, and the Bakke case shows that the Court is unwilling to support a class-based remedy for discrimination. (KH)

The Court's strong endorsement, albeit in a limited factual setting, of voluntary remedial preferences should give some aid to those seeking equal opportunity in employment. Available from School of Law, Creighton University, 2200 California St., Omaha, NE 68178. (Author/IRT)

The use of strict scrutiny in compliance with antidiscrimination legislation, as in the Bakke case, represents a shift in constitutional law clearly related to social and political trends in the United States in the 1970's. Available from Wharton School, Univ. of Pennsylvania, Philadelphia, PA 19174. (MSE)

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

Justice Lewis Powell's opinion on the Regents of the University of California v. Bakke is studied as an act of persuasion and a piece of rhetoric. A comment by Jan Deutch and a response by James B. White are included. (Available from: Washington and Lee University School of Law, Lexington, VA 24550, $5.00) (MLW)

An explanation of the Bakke case, traditional admissions procedures, current trends and descriptions of six highly selective current programs and their admissions criteria are presented. In the Bakke case, the Supreme Court held that universities may not set quotas, i.e., reserve fixed numbers of places for blacks or members of other minority…