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Legal News
9 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday on the use of racial preference in undergraduate university admissions. In Fisher v. University of Texas at Austin [transcript, PDF] the court must decide whether the University of Texas at Austin (UT) may continue considering race as … [read more]


Legal News
16 Jul 2014
by Jaclyn Belczyk

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] ruled [opinion, PDF] Tuesday that the University of Texas at Austin (UT) may continue considering race as part of its admission criteria. The US Supreme Court [official website] had remanded the case [JURIST report], Fisher v. University of … [read more]


Features
5 Jun 2014
by Michael Roberts

The Supreme Court first addressed affirmative action in the 1978 case of Bakke v. Regents of the University of California, which concerned the University of California Davis Medical School's use of quota systems for admissions. The Supreme Court held that the quota system, which allocated a specific number of seats … [read more]


Legal News
22 Apr 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-2 Tuesday in Schuette v. Coalition to Defend Affirmative Action [SCOTUSblog backgrounder] that the judiciary lacks the authority to overturn a Michigan voter initiative that amended the state's constitution to prohibit race- and sex-based discrimination or preferential treatment in public … [read more]


Academic Commentary
19 Oct 2013

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law examines the recent oral arguments in Schuette v. Coalition to Defend Affirmative Action ...From reading the transcript of the oral argument in the Schuette v. Coalition to Defend Affirmative Action, I was appalled at the level of … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

Public understanding of the shape and direction of affirmative action has been influenced primarily by US Supreme Court decisions. However, affirmative action litigation decided in state courts and federal courts other than the Supreme Court has also had a lasting influence on its legality and practice. Penn v. Stumph Penn … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

The Supreme Court took up the issue of affirmative action in June 2003, when the high court decided the twin cases of Grutter v. Bollinger and Gratz v. Bollinger. Both cases involved the University of Michigan at Ann Arbor. The separate cases produced separate results for the undergraduate school and … [read more]


Legal News
24 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-1 Monday in Fisher v. University of Texas at Austin [SCOTUSblog backgrounder; JURIST report] that the appeals court did not apply the correct standard in upholding a ruling for the university in an affirmative action challenge. Petitioner Abigail Noel Fisher, … [read more]


Academic Commentary
30 May 2013

JURIST Guest Columnist Eric Segall of the Georgia State University College of Law evaluates the implications of same-sex marriage cases before the Supreme Court, and their effect on upcoming challenges to affirmative action...Between now and the end of June, the Supreme Court will rule on the constitutionality of both same-sex … [read more]


Student Commentary
17 May 2013

JURIST Associate Editor Fangxing Li, University of Pittsburgh School of Law Class of 2014, explores the upcoming US Supreme Court decision on affirmative action policies in institutions of higher education and argues that these policies harm rather than help diversity in schools that employ those policies...In March, the US Supreme … [read more]


Legal News
11 Oct 2012
by Jaimie Cremeans

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in Fisher v. University of Texas at Austin [transcript, PDF; JURIST report], in which the plaintiff is challenging the constitutionality of the university's affirmative action program. The plaintiff, Abigail Noel Fisher, was denied acceptance to the … [read more]


Professional Commentary
9 Oct 2012

JURIST Guest Columnist Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute, says that the University of Texas at Austin's race-conscious admissions policy must be disallowed because the policy only has a minimal effect on the composition of the student body and the university's justifications for the … [read more]


Legal News
14 Aug 2012
by Max Slater

[JURIST] The Obama administration urged [amicus brief, PDF] the US Supreme Court [official website] on Monday to uphold a policy at the University of Texas (UT) [official website] that considers applicants' race in its admissions criteria. The case involves a white applicant to UT who argues that she was denied … [read more]


Student Commentary
18 May 2012

JURIST Associate Editor James Craig, University of Pittsburgh School of Law Class of 2014, discusses the history of affirmative action and argues that recent studies and case law have left affirmative action with an uncertain future...(His opinions are not intended to represent those of JURIST)In February 2012, the US Supreme … [read more]


Professional Commentary
16 Mar 2012

JURIST Guest Columnist Frances Contreras, Director of the Higher Eduction Program at the University of Washington, says repealing Proposition 209 in California would reinstate a vital admissions tool for underprivileged students...The passage of Proposition 209 in California has resulted in limited access to higher education for historically underrepresented students, particularly … [read more]


Academic Commentary
5 Mar 2012

JURIST Guest Columnist William Araiza of the Brooklyn Law School says that if either the Ninth or Sixth Circuit strikes down state constitutional amendments ending affirmative action in college admissions using older lines of Supreme Court case law, the Supreme Court will likely grant certiorari to curtail or overrule the … [read more]


Legal News
21 Feb 2012
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Tuesday in Fisher v. University of Texas [docket; cert. petition, PDF] to determine whether the court's decisions interpreting the Equal Protection Clause [Cornell LII backgrounder] of the Fourteenth Amendment, including Grutter v. Bollinger [opinion; JURIST symposium], permit the … [read more]


Legal News
6 Oct 2011
by Matthew Shames

[JURIST] Derrick Bell, a leading legal scholar and the first tenured African-American professor at Harvard Law School [official website], died Wednesday in New York of carcinoid cancer. Born and raised in Pittsburgh, Pennsylvania, Bell graduated from the University of Pittsburgh School of Law [official website] in 1957, the only African-American … [read more]


Legal News
1 Jul 2011
by Julia Zebley

[JURIST] The US Court of Appeals for the Sixth Circuit [official website] ruled [opinion, PDF] Friday that Proposal 2 [text; JURIST news archive], an amendment to the Michigan Constitution [text, PDF] banning affirmative action in public employment, public education and state contracting, is unconstitutional. The court ruled that this unduly … [read more]


Legal News
19 Jan 2011
by Maureen Cosgrove

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] unanimously ruled [opinion, PDF] Tuesday to uphold the affirmative action [JURIST news archive] policy of considering race in student admissions at the University of Texas at Austin (UT) [academic website]. The plaintiffs, two Caucasian students, were denied undergraduate … [read more]

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