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…

Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, Title VI remains largely unchanged since its adoption. Unlike the Civil Rights Act's better known and more heavily litigated provisions, Title VI is concerned…

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…

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…

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…

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 Bakke decision, the President's civil rights reorganization, and the changes in the Equal Employment Opportunity Commission and at state and local civil rights agencies demand a greater professionalism in civil rights enforcement nationally. (Author/WI)

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…

This paper introduces a collection of papers that examines the impact of affirmative action on college admission and the importance of school desegregation. The book addresses whether or not the educational value of diversity is sufficiently compelling to justify the consideration of race when making college admission decisions. This introduction…

The Supreme Court's ruling in the Bakke case, which found that strict numerical quotas were illegal in admissions programs, is analyzed in this article in terms of its applications to women's rights. It is pointed out that although the ruling, which was made on a statutory rather than a constitutional basis, conceded that race could be considered…

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)

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)

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…