About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 Geo. J. Gender & L. 747 (2008)
Affirmative Action in Education

handle is hein.journals/grggenl9 and id is 753 raw text is: EDUCATION LAW CHAPTER AFFIRMATIVE ACTION IN EDUCATION EDITED BY TIFFANY COMPRI S* 1. DEVELOPMENTS IN PUBLIC SCHOOL INTEGRATION: THE ROAD FROM MANDATORY TO VOLUNTARY ............................ 749 A. THE PROMISE OF BROWN ............................ 749 B. BROWN'S PROGENY: EFFORTS TO MANDATE INTEGRATION ..... 750 II. VOLUNTARY AFFIRMATIVE ACTION POLICIES IN HIGHER EDUCATION. 752 A. EQUAL PROTECTION AND EDUCATIONAL OPPORTUNITY........ 753' 1. Bakke: A First Test for Race-Conscious Policies ....... 753 2. First Amendment Protection of Admissions Decisions... 755 B. RECENT SUPREME COURT RULINGS ..................... 755 1. In Search of Diversity: Attempts by the Federal Courts to Implement Bakke ............................. 755 2. Gratz v. Bollinger: An Impermissible Admissions Scheme ............................. .... 757 3. Grutter v. Bollinger: Meeting the Standard of Strict Scrutiny .................................... 758 III. VOLUNTARY AFFIRMATIVE ACTION POLICIES IN SECONDARY EDUCATION .......................................... 760 A. A FIRST ArrEMPT AT VOLUNTARY SCHOOL DESEGREGATION 761 B. PRE-GRUTTER APPLICATION OF RACE-CONSCIOUS STUDENT ASSIGNMENT PLANS ................................. 762 C. POST-GRUTTER PLANS USING RACE AS A FACTOR IN STUDENT ASSIGNMENT .................................... 764 IV . CONCLUSION ......................................... 768 POST-ScRIPT ........................................ 768 INTRODUCTION The legacy of slavery in the United States and the lasting effects of institutional racial segregation in American society serve as the theoretical underpinnings for supporters of a state policy of affirmative action based on race. President Lyndon B. Johnson articulated his rationale for affirmative action in a speech in 1965: You do not take a person who for years has been hobbled by chains and liberate * Parts of this article were originally published in Robert A. Friedman, Affirmative Action in Education, 8 GEO. J. GENDER & L. 395 (2007); and Margaret Engoren, Affirmative Action in Higher Education and Secondary Schools, 7 GEO. J. GENDER & L. 883 (2006).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most