Most of the cases upon which petitioner relies are drawn from three areas: Specifically, voting districts were redrawn to enhance the electoral power [ U. Carolene Products, U.
Each of the cases cited presented a situation materially different from the facts of this case.
There are no rival groups which can claim that they, too, are entitled to preferential treatment. Four justices Burger, Stewart, Rehnquist, and Stevens joined with him to strike down the minority admissions program and admit Bakke. Felix for Young Americans for Freedom.
That level of review, petitioner asserts, should be reserved for classifications that disadvantage "discrete and insular minorities. Moreover, in explaining the scope of its holding, the court quite clearly stated that petitioner was prohibited from taking race into account in any way in making admissions decisions: Harvard College now recruits not only Californians or Louisianans but also blacks and Chicanos and other minority students.
B The State certainly has a legitimate and substantial interest in ameliorating, or eliminating where feasible, the disabling effects of identified discrimination. Nevertheless, Powell opined that government had a compelling interest in a racially diverse student body.
Petitioner argues that the court below erred in applying strict scrutiny, as this inexact term has been [p] applied in our cases. Academic freedom, though not a specifically enumerated constitutional right, long has been viewed as a special concern of the First Amendment. It deemed the so called special admissions program of the University of California invalid.
If these questions were answered affirmatively, the application was forwarded to the special admissions committee. Before relying upon these sorts of findings in establishing a racial classification, a governmental body must have the authority and capability to establish, in the record, that the classification is responsive to identified discrimination.
Respondent, a white male, applied to Davis in andin both years being considered only under the general admissions program. Those classifications would be free from exacting judicial scrutiny. Finkin for the American Assn.
The special admissions [ U. The University concedes it cannot assure that minority doctors who entered under the program, all of whom expressed an "interest" in practicing in a disadvantaged community, will actually do so.
Basically, there is a constitutional restriction against discrimination in the use of federal funds; and title VI simply spells out the procedure to be used in enforcing that restriction.
This meant that Powell was essential to either side being part of a majority. Few students and no one who has practiced law would choose to study in an academic vacuum, removed from the interplay of ideas and the exchange of views with which the law is concerned. As this Court recently remarked in interpreting the Civil Rights Act to extend to claims of racial discrimination against white persons, the 39th Congress was intent upon establishing in the federal law a broader principle than would have been necessary simply to meet the particular and immediate plight of the newly freed Negro slaves.
It is no more than what our Constitution guarantees. Petitioner also cites Lau v. The incidence of the burdens imposed by preferential classifications is clear. Nevertheless, on February 22, the court granted certiorari, with the case to be argued in its October term. Leslie Manker, find that the special program was constitutional and legal, and argued that Bakke would not have been admitted even if there had been no seats set aside for minorities.
Those classifications would be free from exacting judicial scrutiny. About one-fifth of the special applicants were invited for interviews in andfollowing which they were given benchmark scores, and the top choices were then given to the general admissions committee, which could reject special candidates for failure to meet course requirements or other specific deficiencies.
The 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. EchoHawk, and Thomas W.
In Lau, we held that the failure of the San Francisco school system to provide remedial English instruction for some 1, students of oriental ancestry who spoke no English amounted to a violation of Title VI of the Civil Rights Act of42 U.In a well-written essay, critically evaluate Justice Powell’s opinion in Regents of the University of California v.
Bakke (). Please use and refer to the edited. Regents of the University of California v. Bakke Established inthe medical school at the University of California implemented a special admissions program to increase the representation of minorities in each entering class.
Bakke v. Regents of the University of California The University of California at Davis arranged a dual admissions program, one for regular admission students, and one for "disadvantaged" students, mainly those of a minority race.
Case opinion for US Supreme Court UNIVERSITY OF CALIFORNIA REGENTS v. BAKKE. Read the Court's full decision on FindLaw. Not a Legal Professional?
Visit our consumer site. Register | Login. Welcome. Edit The further refinements sometimes required help to illustrate the kind of significance attached to race.
The Admissions Committee, with. This is a sample Regents of the University of California v. Bakke Case Brief from ultimedescente.com – the leading provider of reliable and affordable essay writing services and research paper writing services in the United States and the United Kingdom.
A Comparison of the University of California at Davis' Admissions System to That of Harvard ; Understanding the Decision (•) Regents of the U.
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