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Bakke on Affirmative Action for Women: Pedestal or Cage?
Peer reviewed Peer reviewed
Gertner, Nancy – Harvard Civil Rights - Civil Liberties Law Review, 1979
Justice Powell's conceptualization of sex discrimination in the Bakke case is analyzed. Implications of this analysis for affirmative action for women are considered, and the court's approach to affirmative action for minorities is rejected as applying to women's rights. An alternative approach to affirmative action for women is outlined.…
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
Litigation without Representation: The Need for Intervention to Affirm Affirmative Action.
Peer reviewed Peer reviewed
Jones, Emma Coleman – Harvard Civil Rights - Civil Liberties Law Review, 1979
Intervention, a procedure by which an outsider with some personal stake in the outcome of a lawsuit may become a party to it, was sought and denied in the Bakke case. This article reviews federal rules and analyzes criteria for statutory and nonstatutory intervention, and discusses the requirement of "timeliness." (GC)
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
The Bakke Opinions and Equal Protection Doctrine.
Peer reviewed Peer reviewed
Karst, Kenneth L.; Horowitz, Harold W. – Harvard Civil Rights - Civil Liberties Law Review, 1979
Constitutional issues addressed in the Supreme Court's decision are reviewed. The opinions rendered by Justice Powell are viewed as reflections of the weakness of recent equal protection theory, and as signs of future doctrine. (GC)
Descriptors: Admission Criteria, Affirmative Action, Civil Rights, College Admission
Beyond Bakke: The Constitution and Redressing the Social History of Racism.
Peer reviewed Peer reviewed
Sedler, Robert A. – Harvard Civil Rights - Civil Liberties Law Review, 1979
The relationship between the history of racism and the denial of equal participation for Blacks today is discussed. The implications of the Bakke decision for the constitutionality of race-conscious admissions criteria are examined. It is shown that the government is constitutionally both permitted and required to take affirmative action. (MC)
Descriptors: Admission Criteria, Affirmative Action, Blacks, Constitutional Law
Race Consciousness in Employment after Bakke.
Peer reviewed Peer reviewed
Larson, E. Richard – Harvard Civil Rights - Civil Liberties Law Review, 1979
Race-conscious employment programs are considered in two contexts: governmental measures designed to remedy governmentally identified past discrimination or underrepresentation of minority employees; and voluntary implementation of remedial, race-conscious measures by private employers. (Author/MC)
Descriptors: Affirmative Action, Constitutional Law, Court Litigation, Employment Practices
Who Needs Affirmative Action.
Peer reviewed Peer reviewed
Ginger, Ann Fagan – Harvard Civil Rights - Civil Liberties Law Review, 1979
Affirmative action and reverse discrimination are discussed. Facts that were omitted from the court record on the Bakke case are examined. The need for encouraging minority students and women to continue to press for school admission and for lawyers to continue to press affirmative action suits is stressed. (MC)
Descriptors: Access to Education, Admission Criteria, Affirmative Action, Civil Rights
Introduction: Awakening after Bakke.
Peer reviewed Peer reviewed
Bell, Derrick A., Jr. – Harvard Civil Rights - Civil Liberties Law Review, 1979
The Bakke case is viewed as simply another reflection of elitist criteria which limit the success of minority groups in our society. The arguments brought forth by Bakke's lawyers are shown to support this position. (GC)
Descriptors: Access to Education, Admission Criteria, Affirmative Action, College Admission
Culturally Biased Testing and Predictive Invalidity: Putting Them on the Record.
Peer reviewed Peer reviewed
White, David M. – Harvard Civil Rights - Civil Liberties Law Review, 1979
The theory of culturally biased test scores is discussed, in terms of both the Bakke case and the theory's broader societal implications. Literature addressing the problem of test bias is reviewed. Remedies for predictive invalidity are proposed. The importance of thorough documentation in court litigation concerning this issue is stressed.…
Descriptors: Admission Criteria, College Admission, Court Litigation, Court Role
From Brown to Bakke: The Long Road to Equality.
Peer reviewed Peer reviewed
Harvard Civil Rights - Civil Liberties Law Review, 1979
The Bakke case is the most recent of many cases in which the Supreme Court has assessed the impact of the Brown decision that racial discrimination in education is unconstitutional. The Bakke decision has established that race is a factor which may constitutionally be considered in university admissions under certain circumstances. (Author/MC)
Descriptors: Admission Criteria, Affirmative Action, Desegregation Litigation, Equal Education