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…

The present controversy, both legal and political, around the Bakke case indicates that we may be witnessing the advent, the rise and the fall of affirmative action as law and policy, all within the span of the last 15 years. (Author)

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)

This book focuses on the legal and ideological controversy over the application of affirmative action policy to combat discrimination based on race, national origin/ethnicity, and gender. After the introduction, seven chapters discuss (2) "The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative…

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)

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…

On June 23, 2003, the United States Supreme Court upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education. The Grutter versus Bollinger decision upheld the University of Michigan Law School race-conscious admissions policy as constitutional. However, in Gratz versus Bollinger, it held…

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…

An analysis is presented of the "Bakke" decision and the several opinions of the Supreme Court Justices. The principal issue presented by the case is whether a higher education institution using a selective admission program may adjust that program by giving explicit preference to qualified members of identified racial or ethnic groups…

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…

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 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)