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Admissions / Financial Aid 199393.140 MIT anti-trust case reversed and remanded, 133
93.158 Blacks-only scholarships upheld at the University of Maryland, 157
93.159 Sexual orientation discrimination fails the "rational basis" test, 161
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Admissions / Financial Aid 199494.6 MIT antitrust case settled, 177
94.62 Reparations and classifications ["multi-racial" category suggested], 261
94.64 Separate admissions process declared unconstitutional [Hopwood et al v. State of Texas], 263
94.79 Race-based scholarships declared unconstitutional [Excerpt: Podberesky v. Kirwan; the dangersof racial classifications; alternative forms of affirmative action; voter survey results; Henry LouisGates on the need for allies], 289
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Admissions / Financial Aid 199595.12 Law school is less popular--this year [applications down; disillusion about legal ethics; law firmsrestructuring; suicide of 1990 Yale law school graduate; fewer law students intend to practicelaw], 331.
95.23 A media focus on academic fraud [teacher provides test answers at Chicago high school;creating false transcripts and references for Yale; misleading an interviewer at Harvard;revocation of admission does not require due process hearing], 354.
95.25 Inflated figures [colleges provide conflicting information about admissions standards andgraduation rates], 358.
95.29 Unexpected opposition to affirmative action in Berkeley [substantial numbers of women andracial minorities support the California ballot initiative to eliminate traditional affirmative actionprograms; Asian-Americans make up 39% of Berkeley's undergraduates, 9% of the state's population. Asian-American enrollment would soar to 55% if test scores and grades were theonly admissions criteria], 363.
95.32 Supreme Court won't review race-based scholarship ban, 366.
95.38 Affirmative action [U.S. Supreme Court decision in Adarand; strict scrutiny required, but notfatal], 372.
95.42 Scholarships for sex offenders--and their victims [George Washington University considersbasketball scholarship for high school basketball player convicted of sexual assault; GWU alsooffered scholarship to the young woman he assaulted], 379.
95.46 GWU recruitment effort ended [possible scholarship offer to convicted sex offender withdrawn],384.
95.47 Affirmative action and consumer fraud [lawsuit alleges white and Asian applicants not informedabout racial preferences for African-Americans], 384.
95.51 California Regents eliminate race-based affirmative action [excerpts from Regents' resolution;outline of former affirmative action program; Asian-American Regent and Berkeley graduatingclass president support resolution], 389.
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Admissions / Financial Aid 199696.25 The media focuses on higher education [critical media commentary about higher education,including bloated bureaucracies; "let's make a deal" on financial aid; college elitism and the"Mercedes" syndrome; faculty: more politics, higher pay, and less work; students: drinking moreand learning less], 491.
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Admissions / Financial Aid 199797.50 The next affirmative action case, part I [selections from the Complaint in Gratz and PatrickHamacher v. Bollinger, et. al.], 676.
97.51 The next affirmative action case, part II [special attention must be paid to enhancing academicskills and performance of undergraduates; closer collaboration with elementary and secondaryschools; the practice of trying to attract a ready-made academic "elite" may have to change;"individualized admissions"--including more attention to grades, and a sharper focus on qualitiesof character--may be preferable to a heavy reliance on tests], 678.
97.53 President Clinton endorses the Texas "talented tenth" plan [Lani Guinier observed that "the issueof affirmative action" now needs to be used "to highlight the inequality experienced by manyAmericans, of all colors"], 683.
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Admissions / Financial Aid 199898.4 Redefining diversity [old and new approaches designed to promote a broader conception of"diversity" on college campuses; opinion in Houston Contractors Association v. MetropolitanTransit Authority of Harris County; African-Americans starting to decry the use of goals or quotasas Hispanics seek a "proportionate" share of government jobs or school board seats; somebeneficiaries of "white privilege" caught in a cycle of "poverty and despair" in many parts ofAppalachia; Toni Morrison: "Race is the least reliable information you can have aboutsomeone"], 692.
98.17 Diversity theory challenged [in Lutheran Church Missouri Synod v. FCC the U.S. Court ofAppeals for the District of Columbia held that FCC regulations requiring broadcast stations tomake special efforts to recruit minorities were unconstitutional; Nathan Glazer in defense ofpreference; danger of failing to consider economic disadvantage; Lani Guinier on alternatives torace-based affirmative action], 722.
98.26 Diversity as a "compelling state interest" [holding in Wessman v. Boston School Committee thatdiversity in the classroom is a compelling state interest; any racial preference must be narrowlytailored, flexible, and limited in time; contrary ruling by Virginia federal court in Tuttle v. ArlingtonCounty School Board; "Berkeley Pledge" (outreach to local schools) as possible alternative torace-based affirmative action; affirmative action referendum pending in the state ofWashington], 740.
98.46 How "compelling" is racial diversity theory?, part I [in Wessman v. Gittens, the U.S. Court of Appealsfor the First Circuit struck down a race-based admissions plan developed by the Boston publicschool system; "diversity" rationale questioned, but not discarded], 794.
98.47 How "compelling" is racial diversity theory?, Part II [review and analysis of The Shape of theRiver by William Bowen and Derek Bok; political realities and the need to consider alternativesto race-based affirmative action: the "backbone of the Democratic party" (54% of unionmembers; half of women voters) voted for the successful Washington state anti-preferenceinitiative], 798.
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Admissions / Financial Aid 199804.29
Institutional liability for admitting convicted felons, Part I [Key case review:
Eiseman v. State of New York (1987): "colleges today in general have no legal duty to shield their students from the dangerous activity of other students . . . imposing liability on the College for failing to screen out or detect potential danger signals in [admitted felons] would hold the college to a higher duty than society's experts in making such predictions . . ."], 3276.
04.30
Institutional liability for admitting convicted felons, Part II [Key case review:
Eiseman v. State of New York (1987): "colleges today in general have no legal duty to shield their students from the dangerous activity of other students . . . imposing liability on the College for failing to screen out or detect potential danger signals in [admitted felons] would hold the college to a higher duty than society's experts in making such predictions . . ."], 3276.
04.47
"Narrow tailoring" and race conscious placement policies,
Comfort v. Lynn School Committee (1st Circuit, 2004) [School transfer policy that "makes race decisive and forgoes individualized consideration of transfer applications . . . cannot be deemed narrowly tailored to the community's compelling interest in obtaining the educational benefits of diversity . . ."], 3319.
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