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The Use of Racial Preferences in Employment: The Affirmative Action/Reverse Discrimination Dilemma.
Peer reviewed Peer reviewed
Janssen, Judith Miller – Vanderbilt Law Review, 1979
Examines the constitutional and statutory background of the affirmative action/reverse discrimination issue and analyzes judicial decisions confronting the dilemma. Explores grounds on which the Supreme Court might permit voluntary affirmative action using quotas. Available from Executive Secretary, Vanderbilt Law Review, Vanderbilt University,…
Descriptors: Affirmative Action, Court Litigation, Equal Opportunities (Jobs), Equal Protection
Justice Department Policies on Equal Employment and Affirmative Action.
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Reynolds, William Bradford – 1982
In these remarks, the Assistant Attorney General for the Department of Justice, Civil Rights Division, discusses the Department's policy to enforce Federal equal employment opportunity guarantees without supporting quotas and other numerical formulae that provide preferential treatment. The discussion counters the charge that this policy is…
Descriptors: Affirmative Action, Court Litigation, Employment Practices, Equal Opportunities (Jobs)
Is There a Future for Affirmative Action in Education?
Steinhilber, August W. – School Business Affairs, 1998
Reviews legal theory and major affirmative-action court litigation in two areas involving public education: employment and student placement. Four U.S. Supreme Court justices solidly oppose affirmative-action plans not directly linked to governmental discrimination. Schools should consult attorneys, not advocates, as…
Descriptors: Affirmative Action, Court Litigation, Desegregation Litigation, Elementary Secondary Education
Higher Education and Equal Protection.
Peer reviewed Peer reviewed
Finnigan, John J. – University of Cincinnati Law Review, 1979
The effect of the Bakke case, in which the courts first encountered the question of legality of reverse discrimination, is explored; its constitutional significance is examined. It is concluded that the virtue of the decision is in its support of affirmative action and its equal protection implications. (MSE)
Descriptors: Affirmative Action, Constitutional Law, Court Litigation, Equal Education
Neutrality in the Application of Strict Scrutiny: The Implications of Bakke.
Peer reviewed Peer reviewed
Phillips, Michael J. – American Business Law Journal, 1979
The use of strict scrutiny in compliance with antidiscrimination legislation, as in the Bakke case, represents a shift in constitutional law clearly related to social and political trends in the United States in the 1970's. Available from Wharton School, Univ. of Pennsylvania, Philadelphia, PA 19174. (MSE)
Descriptors: Civil Rights Legislation, Compliance (Legal), Constitutional Law, Court Litigation
Manhart in the Light of Bakke.
Peer reviewed Peer reviewed
Givens, Richard A. – Employee Relations Law Journal, 1978
Decisions in both the Bakke and Manhart cases reflect a refusal to permit membership in a group to be the basis for the exclusion or inclusion of an individual in certain places. Problems surrounding the concept of equal opportunity and equal benefits for individuals are discussed in their historical, social, and legal contexts. (SF)
Descriptors: Admission (School), Affirmative Action, Court Doctrine, Court Litigation
Educational Measurement & the Law. Proceedings of the 1977 ETS Invitational Conference.
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Educational Testing Service, Princeton, NJ. – 1978
At the 1977 Educational Testing Service (ETS) Invitational Conference, the ETS Measurement Award was presented to Anne Anastasi. In view of the convergence of measurement and the law, the conference focused on six related issues. Barbara Lerner explored the screening procedures of American professional and graduate schools in "Equal…
Descriptors: Admission Criteria, Awards, Cheating, College Admission