Download or read book Affirmative Action and Equal Protection in Higher Education written by Congressional Research Service and published by Independently Published. This book was released on 2019-02-02 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: When federal courts have analyzed and addressed "affirmative action" in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment's guarantee of "equal protection." The first has its roots in the original sense of "affirmative action: " the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment's Equal Protection Clause, in certain cases involving a state's formerly de jure segregated public university system, a state's consideration of race in its higher education policies and practices may be an affirmative obligation. As the U.S. Supreme Court explained in its consequential 1992 decision United States v. Fordice, equal protection may require states that formerly maintained de jure segregated university systems to consider race for the purpose of eliminating all vestiges of their prior "dual" systems. Drawing upon its precedent addressing racially segregated public schools in the K-12 context, the Court established a three-part legal standard in Fordice for evaluating the sufficiency and effectiveness of a state's efforts in "dismantl[ing]" its formerly de jure segregated public university system. To that remedial end, mandatory race-conscious measures-in this de jure context-are not limited to admissions. Instead, remedies may also address policies and practices relating to academic programs, institutional missions, funding, and other aspects of public university operations. Outside this de jure context, "affirmative action" has come to refer to a different category of race-conscious policies. These involve what the Court at one time called the "benign" use of racial classifications-voluntary measures designed not to remedy past de jure discrimination, but to help racial minorities overcome the effects of their earlier exclusion. And for institutions of higher education, the Court has addressed one type of affirmative action policy in particular: the use of race as a factor in admissions decisions, a practice now widely observed by both public and private colleges and universities. The federal courts have come to subject these voluntary race-conscious policies-"affirmative action" in its perhaps more familiar sense-to a particularly searching form of review known as strict scrutiny. And even though this heightened judicial scrutiny has long been regarded as strict in theory but fatal in fact, the Court's review of race-conscious admissions policies in higher education has proved a notable exception, with the Court having twice upheld universities' use of race as one of many factors considered when assembling their incoming classes. The Court has long grappled with this seeming tension-between the strictness of its scrutiny and its approval of race-conscious admissions policies-beginning with its landmark 1978 decision in Regents of the University of California v. Bakke through its 2016 decision in Fisher v. University of Texas. Though the Equal Protection Clause generally concerns public universities and their constitutional obligations under the Fourteenth Amendment, federal statutory law also plays a role in ensuring equal protection in higher education. To that end, Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funding-including private colleges and universities-from, at a minimum, discriminating against students and applicants in a manner that would violate the Equal Protection Clause. Federal agencies, including the Departments of Justice and Education, investigate and administratively enforce institutions' compliance with Title VI.

Download or read book Affirmative Action and Preferential Admissions in Higher Education written by Kathryn Swanson and published by Scarecrow Press. This book was released on 1981 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 1981-82 Joseph L. Andrews Bibliographical Award presented by the American Association of Law Librarians ...an excellent bibliography which addresses a very important contemporary issue. It deserves a place in the collections of large public libraries, law libraries, and most academic institutions. --RQ

Download or read book Affirmative action and equal protection in higher education written by Christine J. Back and published by . This book was released on 2019 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Affirmative Action in Higher Education written by and published by Hoover Press. This book was released on with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author concludes that the troubling issues of race and equality cannot be reduced to the easy categories of "right" versus "wrong."Affirmative action in college admissions, he argues, must ultimately be viewed in relation to other competing principles and in light of many practical problems.

Download or read book Affirmative Action and Diversity in Public Education written by Jody Feder and published by Createspace Independent Publishing Platform. This book was released on 2013-01-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than three decades after the Supreme Court ruling in Regents of the University of California v. Bakke, the diversity rationale for affirmative action in public education remains a topic of political and legal controversy. Many colleges and universities have implemented affirmative action policies not only to remedy past discrimination, but also to achieve a racially and ethnically diverse student body or faculty. Justice Powell, in his opinion for the Bakke Court, stated that the attainment of a diverse student body is "a constitutionally permissible goal for an institution of higher education," noting that "[t]he atmosphere of 'speculation, experiment, and creation' so essential to the quality of higher education is widely believed to be promoted by a diverse student body." In subsequent years, however, federal courts began to question the Powell rationale, unsettling expectations about whether diversity-based affirmative action in educational admissions and faculty hiring is constitutional under the equal protection clause of the Fourteenth Amendment. After a series of conflicting lower court rulings were issued regarding the use of race to promote a diverse student body, the Supreme Court agreed to review the race-conscious admissions policies used by the undergraduate and law school admissions programs at the University of Michigan. In Grutter v. Bollinger, a 5 to 4 majority of the Justices held that the University Law School had a "compelling" interest in the "educational benefits that flow from a diverse student body," which justified its race-based efforts to assemble a "critical mass" of "underrepresented" minority students. But in the companion decision, Gratz v. Bollinger, six Justices decided that the University's policy of awarding "racial bonus points" to minority applicants was not "narrowly tailored" enough to pass constitutional scrutiny. The decisions resolved, for the time being, the doctrinal muddle left in Bakke's wake. And because the Court's constitutional holdings translate to the private sector under the federal civil rights laws, nonpublic schools, colleges, and universities are likewise affected. However, the Grutter and Gratz decisions did not address whether diversity is a permissible goal in the elementary and secondary educational setting. To resolve this question, the Supreme Court agreed to review two cases that involved the use of race to maintain racially diverse public schools and to avoid racial segregation. In a consolidated 2007 ruling in Parents Involved in Community Schools v. Seattle School District No. 1, the Court struck down the Seattle and Louisville school plans at issue, holding that they violated the equal protection guarantee of the Fourteenth Amendment. Meanwhile, the Court is poised to revisit the issue of affirmative action in higher education during the current 2012-2013 term. The case, Fisher v. University of Texas, involves an equal protection challenge to the undergraduate admissions plan at the University of Texas at Austin, which, in a stated effort to increase diversity, considers race as a factor when evaluating applicants to the school.

Download or read book Affirmative Action s Testament of Hope written by Mildred Garcia and published by SUNY Press. This book was released on 1997-07-24 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on affirmative action and its impact on colleges and universities since its inception in 1965. Suggests different perspectives on and approaches to affirmative action and offers and presents various voices on the impact and philosophical implications of affirmative action.

Download or read book Sex Race and Merit written by Faye J. Crosby and published by University of Michigan Press. This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of this divisive national issue, as reflected in the writings of key opinion makers and in public documents

Download or read book When minorities are Strongly Encouraged to Apply written by Darrell Cleveland and published by Peter Lang. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, graduates of Ph.D. programs and faculty across the country prepare to enter positions at universities across the country. Included in many job announcements is the phrase «Minorities are strongly encouraged to apply.» In this phrase, the question for many individuals is, «Who/what is considered a minority?» In most cases, the term «minority» only means people of color. This book highlights the experiences of various minority doctoral students pursuing Ph.D.s and junior faculty members across the country who have successfully navigated the academy by securing employment, tenure, and promotion despite the hurdles that cause many to avoid or leave academia altogether. This book will help administrators and faculty face the challenge of recruiting and retaining minority students and faculty as they complete their Ph.D.s and gain tenure.

Download or read book Affirmative Action at a Crossroads Fisher and Forward written by Edna Chun and published by John Wiley & Sons. This book was released on 2015-05-20 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The urgency of developing workable race-neutral admissions strategies that maximize the benefits of student diversity has increased. This practical guide offers: concrete recommendations and strategies for the creation of a campus ecosystem that maximizes the structural, curricular, and interactional benefits of diversity, extensive empirical findings and a rich research literature, opportunities for campuses to craft programs, processes, and intervention that maximize student learning outcomes related to diversity, and alternative strategies for addressing disadvantage, including the use of socioeconomic status and state-based percent plans. This book provides a comprehensive overview of key issues and strategic approaches that will assist institutions of higher education in fostering demographic diversity and building inclusive and welcoming campus environments. This is the fourth issue of the 41st volume of the Jossey-Bass series ASHE Higher Education Report. Each monograph is the definitive analysis of a tough higher education issue, based on thorough research of pertinent literature and institutional experiences. Topics are identified by a national survey. Noted practitioners and scholars are then commissioned to write the reports, with experts providing critical reviews of each manuscript before publication.

Download or read book Sex Discrimination Law in Higher Education written by J. Ralph Lindgren and published by Study of Higher Education. This book was released on 1984 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent laws on sex discrimination against employees, job applicants, and students are cited. The employee-related laws address hiring, retention, promotion, tenure, salary and fringe benefits, sexual harassment, and affirmative action practices for government contracts. Judicial decisions are based on the prima facie case, rebuttal, pretext, and the discovery of confidential faculty evaluations. The laws on sex discrimination against students address practices in admissions, tuition rates, financial aid, sexual harassment, student organizations, student services, housing and parietal rules, and athletics. Three strategies for compliance are: (1) carefully selecting and training key academic and administrative personnel, including faculty who serve on review and search committees; (2) implementing a management control system; and (3) securing indemnification against losses suffered as a result of unintentional discrimination. (SW)

Download or read book Black Colleges as Instruments of Affirmative Action written by Kenneth S. Tollett and published by . This book was released on 1982 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Higher Education and the Law written by Harry T. Edwards and published by Institute for Educational Management. This book was released on 1979 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Race and College Admissions written by Jamillah Moore and published by McFarland. This book was released on 2005-02-17 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action was meant to redress the lingering vestiges of the discrimination and exclusion so prominent in America's past and afford underrepresented groups the opportunities most take for granted. Its impact on higher learning has been immeasurable: diversity is part of the mission of most colleges and universities, and exposure to a variety of ethnicities, cultures and perspectives benefits all. Yet institutions are scrambling to reevaluate their mission and methods as courts mandate colorblind admissions and affirmative action is misconstrued and attacked as reverse discrimination, patronizing and insulting to minorities, or simply unnecessary. Diversity has plummeted on many campuses as a result, and elite institutions now struggle to enroll underrepresented groups. Discussions of the controversy reflect little understanding of the role of race in college admissions, ignore the fact that eligibility does not guarantee admission, and falsely cast affirmative action as a policy based on race alone. This assessment of the role of race in college admissions examines misconceptions surrounding affirmative action and the place of race in the admission process. Chapters explore declining diversity; the effect upon professional schools; the historical perspective of the subject; the courts' role in affirmative action; inequities in the admissions process; percentage plans as an alternative; the detrimental results of "colorblind" admissions; and ways to address the problem.

Download or read book Affirmative Action and Minority Enrollments in Medical and Law Schools written by Susan Welch and published by University of Michigan Press. This book was released on 2010-05-07 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.

Download or read book Encyclopedia of Critical Whiteness Studies in Education written by and published by BRILL. This book was released on 2020-12-07 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Critical Whiteness Studies in Education offers readers a broad summary of the multifaceted and interdisciplinary field of critical whiteness studies, the study of white racial identities in the context of white supremacy, in education.

Download or read book Tenure Promotion and Reappointment Legal and Administrative Implications written by Benjamin Baez and published by Jossey-Bass. This book was released on 1995-02-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this report, Benjamin Baez, an instructor of higher education at Syracuse University, and John A. Centra, professor and chairman of the Higher Education program at Syracuse University, have developed a comprehensive view of faculty legal issues concerning tenure, promotion and reappointments. They address the primary areas of litigation...Baez and Centra have provided an analysis that will be extremely useful for institutions to begin a comprehensive legal-education program for their academic leadership" -- Foreword, xiv.

Download or read book Affirmative Action and the University written by Kul B. Rai and published by U of Nebraska Press. This book was released on 2000-01-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative Action and the University is the only full-length study to examine the impact of affirmative action on all higher education hiring practices. Drawing onødata provided by the Equal Employment Opportunity Commission and the U.S. Department of Education?s National Center for Education Statistics, the authors summarize, track, and evaluate changes in the gender and ethnic makeup of academic and nonacademic employees at private and public colleges and universities from the late 1970s through the mid-1990s. Separate chapters assess changes in employment opportunities for white women, blacks, Asians, Hispanics, and Native Americans. The authors look at the extent to which a two-tier employment system exists. In such a system minorities and women are more likely to make their greatest gains in non-elite positions rather than in faculty and administrative positions. The authors also examine differences in hiring practices between public and private colleges and universities.