The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

This hearing is the third in a series examining critical issues in postsecondary education as the committee looks to reauthorize the Higher Education Act. The topic discussed is of paramount importance and is arguably the bedrock of Federal higher education policy, that is, the Federal financial aid programs and their effectiveness in providing…

A hearing was held to explore the operations and effectiveness of the Student and Exchange Visitors System (SEVIS), a tracking system for foreign, nonimmigrant students. In February 2003, SEVIS became operational, and institutions of higher education are required to use the system when admitting new foreign students. Whether SEVIS goes far enough…

The problems encountered by the deaf who pursue postsecondary instruction and the impact of Section 504 of the Vocational Rehabilitation Act of 1973 concerning those problems are discussed. The ramifications of the Davis v. Southeastern Community College decision and Section 504, for the admissions policies of institutions of higher learning, are…

Challenges to the admissions processes of colleges and universities have been successfully lodged on both contract and due process (14th Amendment) grounds. Reviews and categorizes these cases and suggests steps institutions can take to avoid litigation. (MLF)

Recent litigation attacking affirmative action illustrates the need for competitive college admissions programs that avoid quota systems. The "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." College admission programs must defend the use of racial consciousness by separating…

Discusses the legal problems with racial and ethnic preferences in college admissions processes noting that there are only three possible goals that are legally "compelling" for the use of preferences: prophylactically to avoid discriminating, as remedial discrimination to make up for past discrimination, and to foster student diversity. (DB)

New York's Court of Claims found the State University of New York College at Buffalo liable for monetary damages as a result of the off-campus death of an adult student. The American Council on Education has filed an amicus curiae brief in support of SUNY, Buffalo. (MLW)

Presented in this article is an overview of the Allan Bakke case. Implications are made for the effects the court's decision will have on the future of affirmative action and on the potential civil rights achievements of minority groups, particularly Asian Americans. (EB)

The Bakke case concerning preferential college admissions and the DeFunis case testing the constitutionality of a minority admissions program are reexamined and contrasted for insights into minority-preference and race-conscious remedy issues. (MSE)

This legal document addresses whether the University of Michigan's use of racial preferences in undergraduate admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or 42 U.S.C. 1981. This brief filed in support of the petitioners by the federal government argues that…

The history of the formulation of Section 504 and its interpretation are reviewed briefly. It is concluded that the 1979 Supreme Court ruling in Southeastern Community College v Davis interfered with the law's ability to solve the problem. (Journal availability: Washburn University School of Law, Topeka, KS 66621, $3.00.) (MSE)

Implementation of recommendations by the AMA Council on Medical Education that emphasize the importance of evaluating noncognitive abilities in admission and dismissal from medical school will become a source of litigation unless adequate guarantees of due process are afforded the applicant or student. The law is reviewed and recommendations are…

This legal document asserts that the judgement of the United States Court of Appeals for the Sixth Circuit in Grutter v. Bollinger (No. 02-241) and the order of the United States District Court for the Eastern District of Michigan in Gratz v. Bollinger (No. 02-516) should be affirmed. This brief, filed by five highly selective private universities…

In March 1996, the U.S. Fifth Circuit Court of Appeals invalidated the University of Texas School of Law's admission policy in "Hopwood v. State of Texas." The state failed to show a compelling government interest for the affirmative-action admissions policy favoring Mexican-American and African-American applicants. Minority admissions…