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…

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…

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 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)

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…

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.…

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)

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)

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)

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)