When President Biden nominated Ketanji Brown Jackson for the U.S. Supreme Court, it seemed like a major civil rights victory. But that victory could feel like a bitter irony this fall, when the high court hears two cases that will likely obliterate affirmative action. If Jackson gets approved by the Senate, she will probably be making two…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

The United States and Brazil have histories of colonization, slavery, and racial inequalities. In addition, both countries have adjudicated cases centered on the use of affirmative action admissions policies in higher education but with differing results. The constitutional court of Brazil, the Supremo Tribunal Federal, ruled universities could…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

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…

In the July 1999 issue of this journal (EJ 591 141) Philip T. K. Daniel and Kyle Edward Timken contend that the Fifth Circuit "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." Introduces article by Michael Rosman (EA 537 542) that takes strong issue with Daniel and Timken contending…

A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

Notes various omissions in Daniel and Timken's (EJ 591 141) recitation of "Bakke" and "Hopwood." Examines their chief criticism of the "Hopwood" decision: that it overruled "Bakke," and the contention that the Fifth Circuit overruled because it did not have to address the question of whether educational…

Two broad messages emerge from the case of The Regents of the University of California vs. Allan Bakke: (1) there is a need for strengthening the "soft" or difficult-to-quantify data used in admissions decisions; and (2) there is a need to implement concepts of educational due process in the admissions procedure. These two exist in some…

This document, which is not legal advice, has been designed to help medical schools work with legal counsel to put into practice the rulings from two Michigan court cases that provide tools for enhancing medical school diversity and outline the contours of a race-conscious/ethnicity-conscious admissions policy likely to pass legal muster. The…

Analysis of 110 state and federal court decisions from 1950-89 involving medical students and undergraduate medical education found 51 percent were disputes over general issues, most concerning admissions and dismissal. Recently, readmission, course repetition, and cheating have been increasingly addressed. Medical schools have generally prevailed…

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)

In a review of the court decision and opinions in the Allan Bakke medical school admissions case, reasons are found for further proceedings on the issue and to dispute counsel's claim of having produced all available information. Available from Southern University School of Law, Southern Branch Post Office, Baton Rouge, LA 70813. (MSE)