After generating months of anxiety among both proponents and opponents of public-school integration, the U.S. Supreme Court, in a predictably close 5-4 decision, ruled that the use of race in student-assignment policies by the Seattle and Louisville, Kentucky, school districts violated the rights of the white petitioners whose children were denied…

This article suggests that any approach to the issue of access to higher education in the United Kingdom not view the approach of the United States in the recent University of Michigan cases as providing appropriate guidance. It is the author's assertion that the United States Supreme Court has failed to recognize the present effects of a long…

Wisdom suggests that instead of correcting the injustices of yesterday by creating the new injustices of today, it is better to recognize a statute of limitations on accountability for our inhumanity to ourselves in the distant past. (Author)

Uses a question-and-answer format to amplify the "Weber" decision and explain how the case affects an employer. Is particularly concerned with the role of quotas in affirmative action plans. (IRT)

Discusses the history of reverse discrimination in employment and how it affects judicial treatment of affirmative action programs in the United States. (CT)

The real question behind affirmative action in higher education is whether the form of racial discrimination it represents is worth the improved access it provides. Three arguments favoring affirmative action in this context are that affirmative action (1) is needed to keep college admissions officers from discriminating against minorities; (2)…

"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,…

The "Weber" decision held that a private employer's voluntary affirmative action plan designed to remedy past racial imbalances in traditionally segregated jobs does not violate the will of Congress as expressed in Title VII of the Civil Rights Act of 1964. (Author)

The assertion of the right of higher education institutions to use racial preferences in their admissions policies has been based on the diversity rationale that U.S. Supreme Court Justice Lewis F. Powell articulated in his opinion in the "Bakke v. Regents of the University of California" case of 1978. This report explores the legal and…

Several court cases concerning affirmative action programs both in education and in employment are reviewed in light of Titles VI and VII of the Civil Rights Act. Implications of past court decisions are discussed, as are possible future decisions. (MC)

Today, the United States stands at a critical crossroad with regard to civil rights; the choice is between an officially colorblind society and a government-supported, race-conscious one. The purpose of the 13th, 14th, and 15th Amendments was to end a discriminatory system and to erect in its place a regime of race neutrality. In 1896, the…

Following the desegregationists' victory in "Brown v. Board of Education" in 1954, there came a succession of gains for desegregation, until a new phenomenon developed in "Bakke v. Regents of University of California" in 1973. Since Bakke's grades and test scores were higher than those of some minority applicants admitted to…

Some Americans believe that governmental attempts to end discrimination in employment have gone too far, leading to reverse discrimination and excessive governmental power. Others believe that the government has not gone far enough. Evidence shows that discrimination against women and members of minority groups has declined, even though it is…

While the Court reached the right result in "Bakke," the opinions rendered reveal no clear legal guidelines for dealing with reverse discrimination. Available from the Law Review, University of Cincinnati College of Law, Room 12, Taft Hall, Cincinnati, OH 45221; sc $4.00. (Author)

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…