Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

"Affirmative action" is the term typically used to refer to two contrasting values: the value of equal opportunity and the value of equal results. The Justice Department under the Reagan Administration, however, draws a clear distinction between the two, and is committed to the "original" meaning of affirmative action. That is,…

Explores U.S. Supreme Court rationale in judging the constitutionality of affirmative action cases and why the theory used in its decisions is at odds with the formal theory and research on social psychology of affirmative action procedures. The scientific work indicates procedural conditions that the Court would find social psychologically…

A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)

Reviewed are the position of the Internal Revenue Service on racial discrimination and federal income tax exemptions for private educational organizations and possible impacts of the Bakke decision on the issue. (Journal availability: School of Law, Martin Luther King, Jr. Hall, University of California, Davis, CA 95616.) (MSE)

The lower court findings and 1995 Supreme Court decision in Podberesky versus Kerwin, concerning the legality of race-exclusive scholarships, is reviewed and its implications on race-based financial aid awards are examined. Issues discussed include current Department of Education guidelines in this context, meeting institutional mandates to…

Examines the court transformation of civil rights from equal opportunity and nondiscrimination to racial/gender/ethnic proportional representation. It analyzes the implications for justice and equality and suggests that it is time to restore the moral ideals of the civil rights coalition of 1964. (GR)

After the appellate court decision in Hopwood versus State of Texas, overturning racial preference in law school admissions, supporters of continued affirmative action policy in higher education are finding conservatives on the offensive and a chilly climate for broad access, but are not planning an aggressive counterattack for fear of negative…

A federal appeals court has upheld an amendment to California's constitution that bars government agencies from granting preferences based on gender or race. The California Civil Rights Initiative, or Proposition 209, was found not to violate the Equal Protection Clause. If the ruling is not reversed, public colleges and universities will be…

The federal court decision in Hopwood versus the State of Texas, in which the court ruled that race could not be used as a factor in law school admission, is forcing universities to reexamine their reliance on standardized tests as admission criteria. Reduced use of test scores can then allow more active recruitment of top minority students. (MSE)