This article revisits the University of Michigan's 2003 affirmative action cases, "Grutter v. Bollinger" and "Gratz v. Bollinger." Through the aid of critical textual analysis and critical race theory, the author looks back at the predominant narratives that framed the challenge to, and defense of, race-conscious affirmative…

Numerous legal scholars and social scientists have highlighted the ways in which research has informed judicial decision making. Because, in part, of convincing empirical research presented in several landmark cases (e.g., "Grutter v. Bollinger," 2003; "Parents Involved in Community Schools v. Seattle School District No. 1,"…

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 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…

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…

This multi-layered counterstory contextualizes the Michigan Law School and undergraduate affirmative action cases currently in the higher courts. Set within student intervenor arguments in the Michigan case, it evokes the spirit of Thurgood Marshall to replay history and arguments in the complex legal battles over affirmative action in higher…

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

This paper contains edited excerpts from a report written by Asian American students at the University of California, Berkeley, Law School in 1975 in response to the faculty's proposal to eliminate or reduce the special admissions program for Asians on the grounds that they have "made it" in American society. (Author/AM)

This legal document asserts that the judgment of the Court of Appeals upholding the constitutionality of the University of Michigan Law School's race-conscious admissions policy should be affirmed. It argues that research evidence in the record supports the compelling interest in promoting educational diversity (the Gurin Report supports the…

Because of concern over possible retrenchment by law schools to increase minority representation since the Bakke decision, a survey of affirmative action programs in law school admissions was undertaken. The results indicate that the majority, at least outside the South, read the Bakke opinions as permitting such programs. (JMD)

This legal document addresses whether the Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978), holding that the educational benefits which flow from a diverse student body to an institution of higher education, its students, and the public it serves are sufficiently compelling to permit the…

Required changes--in compliance with the Supreme Court's Bakke decision--in university law school admissions programs are examined. The position of the Society of American Law Teachers is presented. (Journal availability: Fred B. Rothman & Co., 10368 W. Centennial Rd., Littleton, CO 80123, $6.50.) (MSE)

Bakke's equal protection holding is analyzed and an assessment is offered of what the decisions mean for academic special admissions programs. Discussion focuses on how race may be used as a factor in admissions decisions consistently with the equal protection clause of the Federal Constitution. (Author/MSE)

This legal document presents the decision of the U.S. Supreme Court in the affirmative action case brought against the University of Michigan's Law School. On June 23, 2003, the Court held in Grutter v. Bollinger et al. that diversity is a compelling interest in higher education and that race is one of a number of factors that can be taken into…

An explanation of the Bakke case, traditional admissions procedures, current trends and descriptions of six highly selective current programs and their admissions criteria are presented. In the Bakke case, the Supreme Court held that universities may not set quotas, i.e., reserve fixed numbers of places for blacks or members of other minority…