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The Rumors of My Death Have Been Exaggerated: "Hopwoood's" Error in Discarding "Bakke."
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Daniel, Philip T. K.; Timken, Kyle Edward – Journal of Law and Education, 1999
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…
Descriptors: Affirmative Action, College Admission, Court Litigation, Higher Education
Introduction: Bakke-Hopwood: Errors or Exaggerations?
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Zirkel, Perry A. – Journal of Law and Education, 2000
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…
Descriptors: Affirmative Action, College Admission, Court Doctrine, Court Litigation
The Error of "Hopwood's" Error.
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Rosman, Michael E. – Journal of Law and Education, 2000
Notes various omissions in Daniel and Timken's (EJ 591 141) recitation of "Bakke" and "Hopwood." Examines their chief criticism of the "Hopwood" decision: that it overruled "Bakke," and the contention that the Fifth Circuit overruled because it did not have to address the question of whether educational…
Descriptors: Affirmative Action, College Admission, Court Doctrine, Court Litigation