The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

Law's growing involvement with the structure and policies of all postsecondary institutions is addressed in this comprehensive sourcebook on law for administrators and their legal counsel. Detailed discussions of the Bakke and the Horowitz cases are offered along with clear summaries of the laws, regulations, and court decisions pertaining to…

This legal document examines whether the University of Michigan Law School's use of racial preferences in student admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), or 42 U.S.C. 1981. This brief filed by the federal government in support of the…

In these remarks, the Assistant Attorney General for the Department of Justice, Civil Rights Division, discusses the Department's policy to enforce Federal equal employment opportunity guarantees without supporting quotas and other numerical formulae that provide preferential treatment. The discussion counters the charge that this policy is…

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)

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)

This legal document asserts that the judgment of the Court of Appeals upholding the constitutionality of the University of Michigan Law School's race-conscious admissions policy should be affirmed. It argues that research evidence in the record supports the compelling interest in promoting educational diversity (the Gurin Report supports the…

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)

This legal document presents the decision of the U.S. Supreme Court in the affirmative action case brought against the University of Michigan's Law School. On June 23, 2003, the Court held in Grutter v. Bollinger et al. that diversity is a compelling interest in higher education and that race is one of a number of factors that can be taken into…

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)

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)

This legal document addresses whether the University of Michigan's use of racial preferences in undergraduate admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or 42 U.S.C. 1981. This brief filed in support of the petitioners by the federal government argues that…

The main question of this case is whether Allan Bakke was denied the equal protection of the laws in contravention of the 14th Amendment, solely because of his race, as the result of a racial quota admission policy. A statement of the case which reviews pertinent data such as the admission procedure of the medical school, Bakke's interview and…

Amidst much controversy, the United States Department of Justice has filed an amicus brief in the Supreme Court on behalf of the special minority admissions program at the University of California Medical School at Davis. This fact sheet is intended to show why Asian and Pacific Americans and those friendly toward Asians should pay careful…

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)