Recent litigation attacking affirmative action illustrates the need for competitive college admissions programs that avoid quota systems. The "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." College admission programs must defend the use of racial consciousness by separating…

In the July 1999 issue of this journal (EJ 591 141) Philip T. K. Daniel and Kyle Edward Timken contend that the Fifth Circuit "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." Introduces article by Michael Rosman (EA 537 542) that takes strong issue with Daniel and Timken contending…

Notes various omissions in Daniel and Timken's (EJ 591 141) recitation of "Bakke" and "Hopwood." Examines their chief criticism of the "Hopwood" decision: that it overruled "Bakke," and the contention that the Fifth Circuit overruled because it did not have to address the question of whether educational…

Discusses the effects of the federal appellate court decision in "Hopwood v. University of Texas School of Law," which found race-based admissions criteria in violation of the Constitution. Reviews issues related to permissible admissions criteria, punitive damages, class actions, and administrator personal liability. (MAB)

The United States Supreme Court has had a significant role in the exploration and definition of affirmative action in this country. No more so than in the recent decisions related to the University of Michigan admissions cases. This article will explore the historical role of the U.S. Supreme Court and the decisions that this entity has made in…

The University of Texas law school's race-based admissions process triggered the boldest judicial statement addressing affirmative action since 1978. Colleges and universities throughout the country must now look at student diversity on a student-by-student basis and without reference to racial classifications. Admissions offices failing to comply…