Uses a question-and-answer format to amplify the "Weber" decision and explain how the case affects an employer. Is particularly concerned with the role of quotas in affirmative action plans. (IRT)

Outlines major unanswered questions raised by the "Weber" case, such as how voluntary the quota system at Kaiser was, the union's duty of fair representation, and the nature of permissible benign quota systems. (IRT)

Presents a history of the numerical basis of federal affirmative action programs. Focuses particularly on the Philadelphia Plan and congressional activity since the mid-1960s. Argues that numbers have played a necessary role in attempts to alleviate racial discrimination. (KH)

"Affirmative action" is the term typically used to refer to two contrasting values: the value of equal opportunity and the value of equal results. The Justice Department under the Reagan Administration, however, draws a clear distinction between the two, and is committed to the "original" meaning of affirmative action. That is,…

The intervention of government to require speeial treatment of designated groups on the basis of race, color, or sex is inconsistent with principles of equal treatment under American law. Regardless of past discrimination against certain classes, governmental determination to favor them at the expense of White males is not justified. (Author/WI)

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…

Several court cases concerning affirmative action programs both in education and in employment are reviewed in light of Titles VI and VII of the Civil Rights Act. Implications of past court decisions are discussed, as are possible future decisions. (MC)

Following the desegregationists' victory in "Brown v. Board of Education" in 1954, there came a succession of gains for desegregation, until a new phenomenon developed in "Bakke v. Regents of University of California" in 1973. Since Bakke's grades and test scores were higher than those of some minority applicants admitted to…

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…

The participants in this discussion in addition to Ralph Winter, the moderator, include Owen Fiss and Richard Posner, professors of law; Vera Glaser and William Raspberry, newspaper columnists; and Paul Seabury, professor of political science. These specialists address various legal, ethical and practical issues related to the elimination of…

Notes that racism, like casteism, is structural. The manifestation and tools of racism are systematic discrimination in the interest of sustained racial privilege. (Author/AM)

Affirmative action and reverse discrimination are discussed. Facts that were omitted from the court record on the Bakke case are examined. The need for encouraging minority students and women to continue to press for school admission and for lawyers to continue to press affirmative action suits is stressed. (MC)

The Bakke case is the most recent of many cases in which the Supreme Court has assessed the impact of the Brown decision that racial discrimination in education is unconstitutional. The Bakke decision has established that race is a factor which may constitutionally be considered in university admissions under certain circumstances. (Author/MC)

Notes that implementation of the universalistic value of equality of opportunity favors minorities if they are relatively disadvantaged. Despite the time lag, recent statistical indicators suggest no great differences in education for current cohorts of persons classified by sex, age, or ethnic categories. (Author/AM)

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…