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 article discusses the strategy that the University of Maryland pursued in defending the constitutionality of its race-based Benjamin Banneker Scholarship program for black students. It also analyzes the respective decisions of the district court and court of appeals, which recently declared the scholarships unconstitutional. (MDM)