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 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 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 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 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 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 Equal Protection of the Laws in Public Higher Education 1960 written by United States Commission on Civil Rights and published by . This book was released on 1961 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 A Legal Analysis of the Equal Protection Clause of the Fourteenth Amendment and Its Impact on Ballot Initiatives and Affirmative Action Programs in Higher Education written by Harold Davon Waters and published by . This book was released on 2012 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Conflict of Principles written by Carl Cohen and published by University Press of Kansas. This book was released on 2014-11-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "No state . . . shall deny to any person within its jurisdiction the equal protection of the laws." So says the Equal Protection Clause of the U.S. Constitution, a document held dear by Carl Cohen, a professor of philosophy and longtime champion of civil liberties who has devoted most of his adult life to the University of Michigan. So when Cohen discovered, after encountering some resistance, how his school, in its admirable wish to increase minority enrollment, was actually practicing a form of racial discrimination—calling it "affirmative action"—he found himself at odds with his longtime allies and colleagues in an effort to defend the equal treatment of the races at his university. In A Conflict of Principles Cohen tells the story of what happened at Michigan, how racial preferences were devised and implemented there, and what was at stake in the heated and divisive controversy that ensued. He gives voice to the judicious and seldom heard liberal argument against affirmative action in college admission policies. In the early 1970s, as a member of the Board of Directors of the American Civil Liberties Union, Cohen vigorously supported programs devised to encourage the recruitment of minorities in colleges, and in private employment. But some of these efforts gave deliberate preference to blacks and Hispanics seeking university admission, and this Cohen recognized as a form of racism, however well-meaning. In his book he recounts the fortunes of contested affirmative action programs as they made their way through the legal system to the Supreme Court, beginning with DeFunis v. Odegaard (1974) at the University of Washington Law School, then Bakke v. Regents of the University of California (1978) at the Medical School on the UC Davis campus, and culminating at the University of Michigan in the landmark cases of Grutter v. Bollinger and Gratz v. Bollinger (2003). He recounts his role in the initiation of the Michigan cases, explaining the many arguments against racial preferences in college admissions. He presents a principled case for the resultant amendment to the Michigan constitution, of which he was a prominent advocate, which prohibited preference by race in public employment and public contracting, as well as in public education. An eminently readable personal, consistently fair-minded account of the principles and politics that come into play in the struggles over affirmative action, A Conflict of Principles is a deeply thoughtful and thought-provoking contribution to our national conversation about race.

Download or read book Scientific Evidence and Equal Protection of the Law written by Angelo N Ancheta and published by Rutgers University Press. This book was released on 2006-02-02 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy. Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.

Download or read book A Legacy of Discrimination written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2023 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely defense of affirmative action policies that offers a more nuanced understanding of how centuries of invidious racism, discrimination, and segregation in the United States led to and justifies such policies from both a moral and constitutional perspective. Since 1961, the issue of "affirmative action" has been a hotly contested legal and political issue. Intended to address our nation's often horrifying discrimination against Black Americans and other minorities, affirmative action has led over the past sixty years to far greater minority representation across a vast range of industries, government positions, and academic institutions. Nonetheless, affirmative action policies in the United States continue to fall under assault. In A Legacy of Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of America's leading constitutional scholars, trace the policy's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must re-acquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the 20th century, 1954's Brown v. Board of Education of Topeka, Kansas. Assessing this history, Bollinger and Stone introduce subsequent, and evolving, affirmative-action case law that had the intent and effect of constraining social, educational, and economic progress for Black people and other minority groups. They demonstrate how and why affirmative action policies stand on firm legal ground and must remain protected. Further, they explain why Americans must view affirmative action as a long-term moral commitment to secure justice, especially for Black Americans, after three and a half centuries of grave injustice that violates the most essential aspirations of our nation. A timely and robust overview of the history of our nation's historical and continuing racial discrimination and of the advent of affirmative action as a critical means to address this history, this book will serve as a powerful defense of a policy that has accomplished more than most people realize in making America a fairer and more inclusive country.