Anti-affirmative action legal discourse about U.S. higher education within selective institutions race-conscious admissions encompasses co-opted civil rights aims for racial equity in education that maintains white supremacy. Racially progressive efforts to include historically racially minoritized applicants of color have been met with unfounded…

The following essay details a debate between UC Berkeley and a Regent who made charges of discrimination against Asian American students that are similar to the current legal challenges facing Harvard University. The crux of such charges: on average, that one racial or ethnic group is more "qualified" than other groups, often…

In this essay, the author discusses how affirmative action contributed to an unnatural rise in enrollments in college. In considering the higher education bubble, he makes the case that as the opposition to preferences continues to build, the momentum of this trend will only increase as funding shrinks. He offers some tentative answers to a series…

A review of literature revealed three groups of scholars expressing concern regarding the Bakke decision: (1) those who agree with the decision; (2) those who disagree with the decision, contending that the state must remedy past societal discrimination; and, (3) those who felt the court was too vague and chose an accommodationist approach.…

The six different opinions in the Bakke case are analyzed to gain an understanding of the final decision in light of the issues that were considered by the Supreme Court. The implications for admission, financial aid, and affirmative action programs are discussed. (Author)

Argues that although certain assumptions underlie those who have received affirmative action, these programs have produced many important successes. Examines the ironic polarizing effect of affirmative action and discusses how affirmative action should not be confused with diversity. Highlights the importance of diversity and its role in higher…

Discusses the effects of the federal appellate court decision in "Hopwood v. University of Texas School of Law," which found race-based admissions criteria in violation of the Constitution. Reviews issues related to permissible admissions criteria, punitive damages, class actions, and administrator personal liability. (MAB)

This dissertation, written in April 2000, focuses on African American, Hispanic, and White community college students' attitudes toward affirmative action in college admissions. Specifically, the study examines the association between attitudes toward affirmative action in college admissions, student background characteristics, educational…

Defends affirmative action and explains its historical principles in order to dispel myths surrounding the program. Discusses the pervasiveness of inequality in society and discusses ways that decision makers in higher education can respond to critics of affirmative action. Examines college admission needs and the current legal and political…

Interviewed five people on campuses across the country who play different roles within higher education and who have different perspectives on affirmative action. Looks at how these persons conceptualize affirmative action, the program's economic issues, the value of diversity, the effects of affirmative action on campuses, and the questions…

This article argues that standards of the American Association of Law Schools and the American Bar Association result in race norming in law school admissions, with substantially lower admission standards for African Americans and notes that proponents of such policies have been less than candid in a recent controversy concerning Georgetown Law…

The Bakke decision, which addressed affirmative action in college admissions, is examined with focus on Justice Powell's ruling. Justice Powell ruled that the need for diversity on campus justifies a minority admissions program, and that other considerations not accepted may have validity if properly argued. (Author/JMD)

Perspectives on the Bakke Supreme Court decision are considered. It is claimed that some of the distortions in the public perception of the Bakke case are the responsibility of the media coverage. Although the Court said that race may be a factor in the admissions process, many people, with the effect of headlines of "Bakke Wins," think…

Issues raised by affirmative action are explored and a legislative agenda for reform is offered. Part One of the report examines affirmative action in practice and includes discussions of the Bakke case and affirmative action in the federal government. Part Two considers the legal aspect of affirmative action and reverse discrimination, and Part…

This response to Lino Graglia (HE 530 289) reviews the history of opposition to affirmative action for minority groups; notes early efforts of law schools to avoid desegregation requirements; reports persistent low enrollments of African-American students in law schools; and recommends that law schools undergird admissions policy with…