Seeks to answer whether the Bakke rulings and their rationale retain precedential clout that can uphold the constitutionality of current single-track affirmative action programs that use race as one of multiple factors in admissions. Speculates as to the constitutionality of the program in place at the University of Michigan and the current state…

Asserts that tenure may violate Title VII of the Civil Rights Act or more general affirmative action concepts. (Author/PG)

Reviews issues and administrative regulations pertaining to affirmative action under Executive Orders 11246 and 11375, extension of Title VII of the Civil Rights Act of 1964 to academic and professional employment, and the Higher Education Ammendments of 1972 extending provisions of the Equal Pay Act of 1963. (JT)

The Director of Policy Communications, Office of Civil Rights, U.S. Department of Health, Education, and Welfare (HEW) makes suggestions for implementing affirmative action plans: identify employment patterns and practices that discriminate against minorities and women, taking necessary steps to stop them, and monitor the effectiveness of the…

Reviews key 1997 judicial decisions relating to Title IX gender discrimination claims by students in higher education, decisions concerning California's Proposition 209 (designed to end "preferences" in education and other contexts), and the "McDonnell Douglas" burden-shifting framework for disparate race claims in the…

Traces the change and implications for university counsel of federal regulations growing out of Executive Order 11246 (which forbade employment discrimination by government contractors) including the Department of Health, Education, and Welfare guidelines of July and October 1972 and the March 1973 joint memorandum stating policy of four federal…

Reviews major legal decisions on the constitutionality of race-conscious admissions in higher education and addresses non-race-conscious methods of increasing minority enrollment. Concludes with a discussion of how policy makers who choose to implement race-conscious admissions can maximize the likelihood of the admissions system passing…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

Colleges and universities can employ several statutory defenses to alleged pay disparities and demonstrate that there are legitimate reasons for pay differentials. Several preventive strategies in response to the emerging legal terrain of equal pay litigation are suggested. (Author/MLW)

Overviews current and recent preferential admissions cases other than DeFunis, particularly Bakke v. the Regents of the University of California, pointing up major issues in racial preferential admissions cases and concluding that universities and their professional schools, not the courts, must fashion and apply admissions policies responsive to…

Three unresolved affirmative action admissions problems are examined: the role of students in admissions decisions, the validity of racial quotas, and to what extent applicants are entitled to due process protection of the fourteenth ammendment. Included is a synopsis of DeFunis v. Odegaard, which upheld a reverse discrimination claim. (JT)

A plaintiff filed a complaint alleging that the University of Minnesota was engaged in employment discrimination based upon sex, national origin, and color. The Court commenced a pilot trial of the plaintiff's claims and the claims of a subclass from the university's chemistry department. The consent decree is presented. (MLW)

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

The writers discuss tactics and techniques they have found productive in defending a variety of claims including allegations of unequal pay, wrongful termination, refusal to hire, violations of the employer's affirmative action plan, and a refusal to grant admission to a specialized or remedial program. (Author/JT)

Federal constitutional, statutory, and case law dealing with minority-targeted scholarships and admissions are reviewed. Applicable laws and standards, standing, admission and scholarship procedures, affirmative action, and holistic assessments are discussed. It is concluded that many existing affirmative action programs may violate the Fourteenth…