Michigan State University Extension
Diversity and Pluralism - 02080192
12/95/
ERIC TITLE NUMBER: ED142644 AUTHOR: O'Neil, Robert M.
TITLE: Discriminating Against Discrimination: Preferential
Admissions and the DeFunis Case.
YEAR PUBLISHED: 1975
NOTE: 271 p.
AVAILABILITY: Indiana University Press, 10th and Morton
St., Bloomington, In. 47401 ($12.30)
ABSTRACT: This book deals with the lawsuit Marco De Funis
filed against the University of Washington which brought
about the first court decision bearing on the issue of the
legality of preferential admission of minority students to
American universities. Background of the problem of reverse
discrimination is given in a historical review of the
events that led De Funis to appeal to the courts. It is
shown that factors other than paper records and test scores
in college admissions are neither recent in origin nor
limited to disadvantaged minority students. The background
nature, and extent of nonracial departures from rank
ordering in the admissions process is explored in order to
understand the De Funis case. Recent trends and current
opportunities for minority students in American higher
education, with special attention to legal education is
also examined in the book. This analysis sets the stage for
a consideration of the legal and constitutional factors
impinging upon the admissions process. After stating the
case in behalf of preferential admissions and discussing
its relationship to the constitution, various nonracial
alternatives such as nondiscrimination, the abolition of
standardized tests, open admissions, and expansion of
junior colleges and black colleges are studied. All of
these alternatives are found to be ineffective. A
discussion of the case against preferential admissions
indicates that the education of preferentially admitted
students is likely to be expensive in both tangible and
intangible terms. Generally, it is argued that special
admissions procedures are justified to remedy the extreme
under-representation of black, Spanish speaking, and other
minority students in higher education.
(Author/AM)
KEY DESCRIPTORS: Court-Litigation; Enrollment-; Public
Policy; Racial-Discrimination; Racial-Relations; Social
Discrimination
KEY DESCRIPTORS: *Affirmative-Action; *Educational
Discrimination; *Educational-Policy; *Law-Schools; *Reverse
Discrimination; *Supreme-Court-Litigation
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