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).

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