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Regents of California V. Bakke
The impacts of affirmative action in higher education
The impacts of affirmative action in higher education
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Recommended: Regents of California V. Bakke
Since the election of President Barack Obama, many people have adopted the idea that the nation has progressed and there are even some people who trust that it is now time to halt school, housing, and employment affirmative action policies. Sadly though, many people are unaware of the fact that there has been an upsurge in hate crimes and racial profiling. Because of this, there is a chasm between black and white success in schools, career prospects, housing, and quality of health care (Sadler 1140-1141). But in recent years, affirmative action has been questioned. Michigan, Washington, California and Florida have outlawed affirmative action policies, and Colorado and Nebraska have pushed for anti-affirmative efforts (Sadler 1156). Affirmative action policies within Universities initially became a controversial issue when a white male was rejected from a medical school program which was primarily aimed towards minorities. This particular court case, Regents of University of California v. Bakke 1978, went to the Supreme Court and marked the beginning of several upcoming disputes regarding affirmative action policies within the school system. The court supported the University, because the University desired a diverse student population, meaning no true favoritism was taking part. Though the court did not concentrate on the core concern (race), the case only helped arrange the platform for future proceedings regarding affirmative action (Russo 263-264). Once affirmative action policies were implemented, “virtually every institution in American life, including colleges and universities, came under pressure, legal and political, to take ‘affirmative’ steps to address the impact of the continuing effects of social discrimination” (Elli... ... middle of paper ... ...nson, Kevin R. 2003. The Last Twenty Five Years Of Affirmative Action? Constitutional Commentary 21.1 (2004): 171-190. Murray, Kerrel. 2014. Good Will Hunting: How The Supreme Court's Hunter Doctrine Can Still Shield Minorities From Political-Process Discrimination. Stanford Law Review 66.2 (2014): 443-475. Russo, Charles J., and Ralph D. Mawdsley. 2003. Recent Developments in The USA: American Update: The Supreme Court And Affirmative Action. Education & The Law 15.4 (2003): 263-274. Sadler, Joanne, and Joseph Sankoh. 2010. Can Affirmative Action Survive A Black President: A Look At Affirmative Action In The Era Of President Barack Obama. NAAAS & Affiliates Conference Monographs (2011): 1139-1163. Walsh, Mark. 2013. "High Court To Tackle Race Case." Education Week 33.6 (2013): 1-23. Yoo, John. Race and The Constitution. National Review 65.1 (2013): 39-43.
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
3.The term Affirmative action has played a huge role in the past one hundred years of American politics. It is simply defined as an action or policy favoring those who tend to suffer. Civil Rights of American citizens have drastically changed because of Affirmative action. With almost anything in politics, there is a debate for and against Affirmative action. Supporters of this say that this helps encourage e...
Discrimination is still a chronic global issue, and drastic inequalities still exist at the present time. Thus, the Affirmative Action Law is an important tool to many minorities most especially to women, and people of color, for the reason that this program provides an equality on educational, and professional opportunities for every qualified individual living in the United States. Without this program, a higher education would have been impossible for a “minority students” to attain. Additionally, without the Affirmative Action, a fair opportunity to have a higher-level career...
The institution of public education has been one of the most controversial establishments in the United States since its inception. More specifically, equality in the conditions and the opportunities it provides has been sought as one of its major goals. There is little doubt that minority ethnic groups have struggled to achieve educational equality, just as they have struggled for equality in other aspects of life. One way that minorities have tried to achieve equality in education is through lobbying for help in college admissions for their respective groups. This social practice has been debated on many grounds, including necessity and ethical permissibility.
Affirmative action, the act of giving preference to an individual for hiring or academic admission based on the race and/or gender of the individual has remained a controversial issue since its inception decades ago. Realizing its past mistake of discriminating against African Americans, women, and other minority groups; the state has legalized and demanded institutions to practice what many has now consider as reverse discrimination. “Victims” of reverse discrimination in college admissions have commonly complained that they were unfairly rejected admission due to their race. They claimed that because colleges wanted to promote diversity, the colleges will often prefer to accept applicants of another race who had significantly lower test scores and merit than the “victims”. In “Discrimination and Disidentification: The Fair-Start Defense of Affirmative Action”, Kenneth Himma responded to these criticisms by proposing to limit affirmative action to actions that negate unfair competitive advantages of white males established by institutions (Himma 277 L. Col.). Himma’s views were quickly challenged by his peers as Lisa Newton stated in “A Fair Defense of a False Start: A Reply to Kenneth Himma” that among other rationales, the Fair-Start Defense based on race and gender is a faulty justification for affirmative action (Newton 146 L. Col.). This paper will also argue that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action should still be allowed and reserved for individuals whom the state unfairly discriminates today.
Many people are pressuring colleges to change their admissions policy and abolish affirmative action. As a result, many colleges are abolishing their affirmative action policy. According the National Conference of State Legislatures (NCSL), states like California, Florida, Michigan, and New Hampshire have passed laws prohibited the use affirmative action in public colleges or universities. In Michigan, the 6th Circuit Court of Appeals rul...
Affirmative action has been a controversial topic ever since it was established in the 1960s to right past wrongs against minority groups, such as African Americans, Hispanics, and women. The goal of affirmative action is to integrate minorities into public institutions, like universities, who have historically been discriminated against in such environments. Proponents claim that it is necessary in order to give minorities representation in these institutions, while opponents say that it is reverse discrimination. Newsweek has a story on this same debate which has hit the nation spotlight once more with a case being brought against the University of Michigan by some white students who claimed that the University’s admissions policies accepted minority students over them, even though they had better grades than the minority students. William Symonds of Business Week, however, thinks that it does not really matter. He claims that minority status is more or less irrelevant in college admissions and that class is the determining factor.
California's decision in 1996 to outlaw the use of race in public college admissions was widely viewed as the beginning of the end for affirmative action at public universities all over the United States. But in the four years since Californians passed Proposition 209, most states have agreed that killing affirmative action outright would deepen social inequality by denying minority citizens access to higher education. The half-dozen states that are actually thinking about abandoning race-sensitive
Pojman, Louis P. "The Case Against Affirmative Action." Csus.edu. N.p., n.d. Web. 19 Apr. 2014.
Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges or hiring preferences with public and private jobs; although Affirmative Action has never required quotas the government has initiated a benefits program for the schools and companies that elect to be diversified. The advantages that are received by the minorities’ only take into account skin color, gender, disability, etc., are what is recognized as discriminatory factors. What is viewed as racism to the majority is that there ar...
The discrimination against Caucasian and Asian American students a long with the toleration of lower quality work produced by African American students and other minority students is an example of the problems caused by Affirmative Action. Although affirmative action intends to do good, lowering the standards by which certain racial groups are admitted to college is not the way to solve the problem of diversity in America's universities. The condition of America's public schools is directly responsible for the poor academic achievement of minority children. Instead of addressing educational discrepancies caused by poverty and discrimination, we are merely covering them up and pretending they do not exist, and allowing ourselves to avoid what it takes to make a d... ... middle of paper ... ...
Jossey-Bass. Tanabe, C. (2009). From the courtroom to the voting booth: Defending affirmative action in higher education. Philosophy of Education Yearbook, 291–300.
Affirmative action policies were created to help level the playing field in American society. Supporters claim that these plans eliminate economic and social disparities to minorities, yet in doing so, they’ve only created more inequalities. Whites and Asians in poverty receive little to none of the opportunities provided to minorities of the same economic background (Messerli). The burden of equity has been placed upon those who were not fortunate enough to meet a certain school’s idea of “diversity” (Andre, Velasquez, and Mazur). The sole reason for a college’s selectivity is to determine whether or not a student has the credentials to attend that school....
Reed, Rodney J. (1983) Affirmative Action in Higher Education: Is It Necessary? The Journal of Negro Education, Vol. 52, No. 3, Persistent and Emergent Legal Issues in Education: 1983 Yearbook, 332-349.
The Supreme Court's ruling in Grutter v. Bollinger and in Gratz v. Bollinger are two compelling and complex cases. In the Grutter v. Bollinger case, the Supreme court favored that race and ethnicity along with other factors are justifiable in the admission process of promoting a diverse and inclusive student body on the premises of state law schools. I agree with the court's decision because minorities only make up a small percentage on college campuses and universities, and that race and ethnicity does play a crucial role in recruiting students of colors from various cultural backgrounds. Students must be trained scholars who know how to interact with people from all walks of life and they must be able to adapt and understand different people in different environments in a given context. The goal is for everyone