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…

Summarizes the historical evolution of both the legal and moral arguments surrounding affirmative action in higher education. Discusses black higher education institutions and black scholars, desegregation and the Civil Rights Movement, the Civil Rights Act of 1964, admissions quotas, and the connection between law and educational policy. (MKA)

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…

This legal document examines whether the University of Michigan Law School's use of racial preferences in student admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), or 42 U.S.C. 1981. This brief filed by the federal government in support of the…

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…

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)

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 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…

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 legal document presents the decision of the U.S. Supreme Court in the affirmative action case brought against the University of Michigan's Law School. On June 23, 2003, the Court held in Grutter v. Bollinger et al. that diversity is a compelling interest in higher education and that race is one of a number of factors that can be taken into…

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…