Race-Conscious Remedies
Resource Site 
 
 
 
Education and Diversity Resource Page
 
 

 

     Today, discussions concerning admission into in our nation's educational institutions are centered on re-evaluating the use of race-conscious affirmative action programs. These discussions invariably include mention of diversity in education. What is meant by diversity depends on who is having the discussion. In some arenas, diversity is another word for minority and gender preferences. In other arenas, diversity refers to a mix of viewpoints, talents and experiences that improve the university culture and benefits all. The current debate surrounding education and diversity also center on whether diversity is a compelling governmental interest such that affirmative action programs that are legally challenged survive the Supreme Court’s strict scrutiny.

    It is our hope that the legal cases, law review and newspaper articles and web site links we have gathered may assist you in your analysis of these assumptions and allow you to develop your own informed opinion. This section of the race-conscious remedies resource site provides readers with many resources that will put education and diversity in a clearer perspective.  This site not only provides readers with the historical context of the education struggle for minorities, but also offers resources to alternative remedial measures to protect minorities in this day of civil rights retrenchment.  This site promises to be informative and enlightening on education jurisprudence and on the issues that face minorities in this field as we approach the new millennium.
 

 

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Education Cases
 
Historical Cases Most Recent Cases
Plessy v. Ferguson,  
163 U.S. 537 (1896)		 U.S. v. Fordice, 
505 U.S. 717 (1992)
Sweatt v. Painter,  
339 U.S. 629 (1950)		 Missouri v. Jenkins, 
115 S. Ct. 2038 (1995)
Brown v. Board of Education,  
347 U.S. 483 (1954) (I),  
349 U.S. 294 (1955) (II)		 Hopwood v. State of Texas,  
78 F. 3d. 932 (5th Cir. 1996)
Green v. County School Board of New Kent County,  
391 U.S. 430 (1968)		 Eisenberg v. Mongomery Public Schools, 
19 F. Supp. 2d. 449 (1998)
Swann v. Charlotte-Mecklenburg Board of Education,  
402 U.S. 1 (1971)		  Wooden v. Board Of Regents Of The University System Of Georgia, 
32 F. Supp. 2d. 1370 (1999)
Podberesky v. Kirwan, 
38 F.3d 147 (4th Cir. 1994), cert. denied 514 U.S. 1128 (1995)		  
Milliken v. Bradley,  
418 U.S. 717 (1974) (I),  
433 U.S. 267 (1977) (II)		  
Regents of the University of California v. Bakke,  
438 U.S. 265 (1978)		  
   
 *Cases provided courtesy of FindLaw.

 
 
 

 

 

Journal and News Articles
 
DIVERSITY AND AFFIRMATIVE ACTION by Robert K. Fullinwider 
Dozens Protest Diversity Decision Students, Activists Slam Deal To Drop Race-Based Admits by Eric Brazil and Julian Guthrie of the Examiner Staff, San Francisco Examiner, Tuesday, April 20, 1999
Playing With Numbers 
The Arizona Daily Star, Monday, April 19, 1999
LOS ANGELES TIMES INTERVIEW: Alexander Astin – The Freshman Mind Yields Its Secrets to a Dedicated Sleuth by Kay Mills, Los Angeles Times, Sunday, April 18, 1999
BLACK FLIGHT Series: Some Conflicts Arise As Diversity Spreads To Suburban Schools by Mary Bridgman, The Columbus Dispatch, Thursday, April 15, 1999
Racial Goals At CU Decried, Foe Of Affirmative Action Speaks Out by Karen Auge, Denver Post, Tuesday, April 13, 1999
BLACK LAWYERS: LONELY AT THE BOTTOM by Michael D. Goldhaber, The National Law Journal, Volume 21, Number 33,  
Monday, April 12, 1999
At Utah Colleges, Students Of Color Do Not Match The State's Demographics 
Where Are All The Campus Minorities? Beehive State Student Bodies Are 
Disproportionately White, Minorities Lonely Group On Campus by Shawn Foster, The Salt Lake Tribune, Sunday, April 11, 1999
Oregon State Campuses Show Gains In Asians, Latinos by Romel Hernandez, Portland Oregonian, Saturday, April 10, 1999
Human Relations; Forget 'Multiculturalism,' Opt For Anti-Racist Education 
Dayton Daily News, Friday, April 9, 1999
Author Defends Race-Sensitive College Admissions, William Bowen's Research Finds Minorities Thrive At Universities And Everyone Benefits by Anita Clark, Wisconsin State Journal, Thursday, April 8, 1999
Another Blow to Affirmative Action: Look for That Extra Element to Make School or the Workplace More Inclusive by Marianne Means, The Des Moines Register, Monday, April 5, 1999
Fortifying the Case for Diversity and Affirmative Action by Hugh B. Price, The Chronicle of Higher Education, May 22, 1998
 
 
 
 
 
 

     

Law Review Articles
 
A CURRENT PERSPECTIVE: THE EROSION OF AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS by Corinne E. Anderson 

32 Akron L. Rev. 181, Akron Law Review, 1999
THE TEXAS TEN PERCENT PLAN by Danielle Holley and Delia Spencer 

34 Harv. C.R.-C.L. L. Rev. 245, Harvard Civil Rights-Civil Liberties Law Review, Winter, 1999
UNFINISHED HOMEWORK FOR UNIVERSITIES: MAKING THE CASE FOR AFFIRMATIVE ACTION by Jonathan R. Alger  

Washington University Journal of Urban and Contemporary Law, Summer 1998
AFFIRMATIVE ACTION IN HIGHER EDUCATION: THE DIVERSITY RATIONALE AND THE COMPELLING INTEREST TEST by Goodwin Liu
33 Harv. C.R.-C.L. L. Rev. 381, Harvard Civil Rights-Civil Liberties Law Review, Summer, 1998
TURNING BACK THE CLOCK: THE ASSAULT ON AFFIRMATIVE ACTION by Leland Ware
54 Wash. U. J. Urb. & Contemp. L. 3, Washington University Journal of Urban and Contemporary Law, Summer 1998
AFFIRMATIVE ACTION ON CAMPUS: THE LEGAL AND PRACTICAL CHALLENGES by Robert S. Whitman 
24 J.C. & U.L. 637, Journal of College and University Law, Spring 1998
BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY V. SHARON TAXMAN by Martin Michaelson, et al.
24 J.C. & U.L. 671, Journal of College and University Law, Spring 1998
Diversity By The Books: Reforming Public Schools Is The Solution by Jon Sanders 

Clarion, April 1998, Volume 2, Number 5
EDUCATIONAL DIVERSITY: VIEWPOINTS AND PROXIES by Timothy L. Hall
Ohio State Law Journal, 1998, 59 Ohio St. L.J. 551
RACIAL DIVERSITY AS A COMPELLING GOVERNMENTAL INTEREST by Andy Portinga
75 U. Det. Mercy L. Rev. 73, University of Detroit Mercy Law Review, Fall 1997
AFFIRMATIVE ACTION AND REVERSE DISCRIMINATION: DOES TAXMAN v. BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY DEFINE THE OUTER LIMITS OF LAWFUL VOLUNTARY RACE-CONSCIOUS AFFIRMATIVE ACTION? by Paula Alexander Becker, PH.D., ESQ.
8 Seton Hall Const. L.J. 13, Seton Hall Constitutional Law Journal, Fall 1997
THE ARGUMENT FOR FACULTY DIVERSITY: RECOMMENDATIONS AFTER TAXMAN v. BOARD OF EDUCATION by Brendan M. Lee 
27 Stetson L. Rev. 739, Stetson Law Review, Fall, 1997
RACIAL DIVERSITY AS A COMPELLING GOVERNMENTAL INTEREST by Robert J. Donahue
30 Ind. L. Rev. 523, Indiana Law Review, 1997
Symposium on Affirmative Action: DIVERSITY AND DAMNATION by Jim Chen 
UCLA Law Review, August, 1996
TALES FROM THE CRYPT: DOES STRICT SCRUTINY SOUND THE DEATH KNELL FOR AFFIRMATIVE ACTION IN HIGHER EDUCATION? by Leland Ware 
The Journal of College and University Law, Summer, 1996
AN ARGUMENT FOR DIVERSITY BASED AFFIRMATIVE ACTION IN HIGHER EDUCATION by Tanya Y. Murphy 
  
Annual Survey of American Law, 1995, 95 Ann. Surv. Am. L. 515
 
 
 
 

 

 
   

Food For Thought
Discussions on Topics of Interest in Education
 
 
 
 
 
 
 

 

Links to Other Education Pages
Affirmative Action Review Report to the President – Submitted in 1995 by George Stephanopoulos, Senior Adviser to the President for Policy and Strategy and Christopher Edley, Jr., Special Counsel to the President  
This site is useful to see how affirmative action information is disseminated to those in power. The report contains a hyperlinked outline of the report, from affirmative action history, policy justifications, empirical evidence, and affirmative action history in the military.
Affirmative Action and Diversity – Welcome to Flash Files, a pilot Web service to help advancement officers respond to challenging public issues.
American Association of University Professors – This site contains AAUP resolutions on affirmative action, several older affirmative action reports, and newer articles on topics such as diversity and the recent Piscataway case. 
The University of Maryland's Diversity Database is an index of multicultural, multiracial, and multigenerational diversity resources.  It contains: 1) Useful resources pertaining to cultural diversity and multiculturalism; 2) Diversity plans, statements, and initiatives of institutions in the country; 3) Definitions of words, phrases, and policy relating to multicultural and diversity issues; 4) The first campus news bureau devoted entirely to diversity-related news; 5) Directories on Age, Class, Disability, Gender, National Origin, Race and Ethnicity, Religion and Orientation; 6) Capacity to do a keyword search of all files in the diversity directory; and 7) You can look at diversity-related syllabi from colleges and universities from around the country, and submit your own!
Black Issues In Higher Education is the Nation's only news magazine dedicated exclusively to minority issues in higher education.
 
    

 
 
 
 
 
  

  
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This page was last updated on 22 May 1999