ERIC Number: ED138181
Record Type: Non-Journal
Publication Date: 1977-Apr
Pages: 43
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Graduate and Professional School Admissions: Social and Legal Considerations.
Barksdale, Milton Kendall
In some respects, "discrimination'' is at the heart of the college admission process, and in the selection of students for graduate or professional programs, the application of admittance criteria becomes a matter with potential moral and legal ramifications. The practice of setting aside specific places for less-prepared applicants (generally those who had suffered from discrimination and had received an inferior education) has resulted in denying access to other applicants with sufficient qualifications. The court cases of Marco Defunis and Allan Bakke, which challenge these admission policies and techniques, are discussed in this paper. Other cases are cited that are concerned with financial aid as well as admission criteria. The significance of litigation involving charges of discrimination and the attention given to the concept of due process is assessed. The ultimate effect cannot be known, but there will develop a greater concern for detailed records on the part of selection committees. The difficulty in maintaining a balance between the rights guaranteed to both minority and nonminority Americans is emphasized. (LBH)
Descriptors: Access to Education, Admission Criteria, Affirmative Action, Constitutional Law, Court Litigation, Due Process, Educational Discrimination, Females, Financial Support, Government School Relationship, Graduate Study, Higher Education, Legal Problems, Medical Schools, Nontraditional Students, Professional Education, Residence Requirements, Reverse Discrimination, Social Problems, Supreme Court Litigation
Publication Type: Reports - Research
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Defunis v Odegaard; Education Amendments 1972; Title IX Education Amendments 1972
Grant or Contract Numbers: N/A