The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

The instability of the U.S. economy and its competitiveness in the global market has lead to increase request for investment in Higher Education programs. There exists a rising awareness among scholars of how inextricably education is tied to the strength of the economy, the well being of its populace, as well as the importance of a diversified…

Focuses on how race may be used as a factor in admissions decisions while acting consistently with the equal protection clause. Available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209. (Author/IRT)

This paper discusses the Supreme Court's treatment of the issues in Bakke v. Regents of University of California and its implications for admissions programs. Bakke raised two basic issues in his reverse discrimination suit. First, he argued that Davis's medical school admission program was illegal under Title VI. Second, he claimed…

Doctrine, programs and remedies directed towards racial discrimination are not necessarily applicable or transferable to gender discrimination. Special minority admissions arrangements are conceived of as transitional in order to allow socioeconomically disabled groups to catch up. Equal opportunity for women means providing a job, health and…

Defines the Court's role in race relations by elaborating on the concept of process values. Process values identify the degree to which political processes and social forces are operating responsibly to address the competing interests of minority groups and majority subgroups. Available from University of Utah College of Law, Salt Lake City, UT…

The "Bakke" case is examined for what it has to say regarding first the area of equal protection, then the idea of procedural fairness as distinct from accuracy of result, and finally the notion of structural justice. Available from Harvard Law Review, Harvard Law Review Association, Gannett House, Cambridge, Massachusetts 02138; sc…

Justice Powell's conceptualization of sex discrimination in the Bakke case is analyzed. Implications of this analysis for affirmative action for women are considered, and the court's approach to affirmative action for minorities is rejected as applying to women's rights. An alternative approach to affirmative action for women is outlined.…

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)

Examines two cases (Bakke and Detroit Police Officers Association vs Young); examines affirmative action programs, reverse discrimination, and the use of "benign" classifications in light of the Fourteenth Amendment and the United States Code. Available from Editorial and Business Office, Detroit College of Law Review, 130 East Elizabeth…

The Court's strong endorsement, albeit in a limited factual setting, of voluntary remedial preferences should give some aid to those seeking equal opportunity in employment. Available from School of Law, Creighton University, 2200 California St., Omaha, NE 68178. (Author/IRT)

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,…

The Supreme Court's ruling in the Bakke case, which found that strict numerical quotas were illegal in admissions programs, is analyzed in this article in terms of its applications to women's rights. It is pointed out that although the ruling, which was made on a statutory rather than a constitutional basis, conceded that race could be considered…

The relationship between the history of racism and the denial of equal participation for Blacks today is discussed. The implications of the Bakke decision for the constitutionality of race-conscious admissions criteria are examined. It is shown that the government is constitutionally both permitted and required to take affirmative action. (MC)

This brief urges the Supreme Court to reverse the judgment of the California Supreme Court. (IRT)