Legal Logic, Judicial Activity, and the Bakke Case: Mr. Justice Powell and the Integrity of Constitutional Principle

Sultan, Allen

doi:10.1093/ajcl/30.suppl1.51

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“…2 Rejected twice by the medical school of the University of California at Davis, Allan Bakke sued the university, claiming that his right to equal protection under the Fourteenth Amendment had been violated in 1973 and 1974. In both of those years, applicants considered to be disadvantaged were admitted to the medical school even though their test scores and credentials were significantly lower than his (Sultan, 1982).…”

Section: Notesmentioning

confidence: 99%

Toward a Deeper Understanding of the Diversity Rationale

Moses

Chang

2006

Educational Researcher

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How did “diversity” come to occupy such a key position in public discourse, particularly concerning education policy? Given the widespread recognition of diversity, is there an intellectual tradition or philosophical orientation that informs its application to education? And, based on the traditions examined, what is gained and lost by focusing on the diversity rationale? This article examines the legal history of using the diversity rationale to justify affirmative action and the philosophical foundation of the ideal of diversity. This foundational analysis not only adds a new direction to the scholarship on the educational benefits of diversity but also illuminates the tensions associated with affirmative action in general and with this rationale in particular. The authors aim to influence educational practice in a direction that well serves a multi-racial/ethnic democratic society

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Section: Notesmentioning

confidence: 99%