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 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…

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 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…

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…

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…