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…

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…

This chapter reviews the legal standards governing affirmative action in higher education, examining the diversity rationale and contrasting the cases of Hopwood v. Texas and Wittmer v. Peters, which were decided in 1996. It discusses: the legal standard governing affirmative action in higher education; the remedial interest in overcoming the…

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)

Affirmative action and reverse discrimination are discussed. Facts that were omitted from the court record on the Bakke case are examined. The need for encouraging minority students and women to continue to press for school admission and for lawyers to continue to press affirmative action suits is stressed. (MC)

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)

The theory of culturally biased test scores is discussed, in terms of both the Bakke case and the theory's broader societal implications. Literature addressing the problem of test bias is reviewed. Remedies for predictive invalidity are proposed. The importance of thorough documentation in court litigation concerning this issue is stressed.…

The Bakke case is the most recent of many cases in which the Supreme Court has assessed the impact of the Brown decision that racial discrimination in education is unconstitutional. The Bakke decision has established that race is a factor which may constitutionally be considered in university admissions under certain circumstances. (Author/MC)

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)