Michigan State University Extension
Diversity and Pluralism - 20293036
12/95/
ERIC TITLE NUMBER: ED202366 AUTHOR: Dershowitz, Nathan Z.
TITLE: The Remand of Bakke.
YEAR PUBLISHED: 1978
NOTE: 7 p.; Paper presented at a Seminar for State Leaders
in Postsecondary Education (New York, NY, September 1978).
Not available in paper copy due to marginal legibility of
original document.
ABSTRACT: Perspectives on the Supreme Court's decision in
Bakke are considered. It is suggested that the decision was
like a remand to the nation and especially to the
universities to try to devise and work toward affirmative
action programs within certain parameters. Justice Powell
gives the schools a great degree of latitude but does give
guidance for the necessary self-analysis that now must
occur. First, all two-track systems and all overt and
covert quotas must be eliminated, except where imposed by
court order to correct past discrimination. Second,
pre-Bakke race conscious programs, especially nondiversity
predicated programs (e.g., those which directly sought to
counter the effects of societal discrimination) must be
evaluated. It is suggested that the kinds of diversity
beyond race and ethnicity that are legitimate for a medical
or law school are open for discussion. Justice Powell's
opinion in regard to citing the fundamental 14th Amendment
conflict and First Amendment concepts of academic freedom
raises some conceptual questions. However, he does not
require universities to seek diversity, but approves of the
goal under the rubric of academic freedom. Now work must be
done to make legitimate affirmative action efforts with
individualized determinations and without divisive quotas
and two-track systems. At the same time affirmative action
has been endorsed. Within these parameters, those on both
sides of the Bakke case now have guidelines within which to
work constructively together. (SW)
KEY DESCRIPTORS: Academic-Freedom; Access-to-Education;
Court-Litigation; Educational-Discrimination; Educational
Opportunities; Ethnic-Discrimination; Ethnicity-; Higher
Education; Minority-Groups; Race-; Self-Evaluation-Groups;
Student-Characteristics; Student-Evaluation
KEY DESCRIPTORS: *Admission-Criteria; *Affirmative-Action;
*College-Admission; *Racial-Discrimination
This is an ERIC database document. ERIC is the National
Education Information Network for providing ready access
to the literature of education -descriptions of exemplary
programs, research and development efforts, and related
information that can be used in developing more effective
educational programs. The ERIC database is currently
available on CD-ROM in the main library (ground floor of
the west wing) at Michigan State University. To locate
ERIC documents in the library identify the first line of
each record (i.e., the field ERIC TITLE NUMBER). ED
following ERIC TITLE NUMBER indicates an ERIC document,
an unpublished research study. Most of these items are
available in the Microforms library, located on the 3rd
floor of the west wing. All you need is the six digit ED
number. If EJ follows ERIC TITLE NUMBER the item is a
journal article. The complete journal name is listed after
the code JOURNAL.
This information is for educational purposes only. References
to commercial products or trade names does not imply
endorsement by MSU Extension or bias against those not
mentioned. This information becomes public property upon
publication and may be printed verbatim with credit to MSU
Extension. Reprinting cannot be used to endorse or advertise
a commercial product or company.
This file was generated from data base DP on 06/25/02.
Data base DP was last revised on 12/95/ .
For more information about this data base or its contents please contact
cook@msue.msu.edu . Please read our
disclaimer for important
information about using our site.