Anti-affirmative action legal discourse about U.S. higher education within selective institutions race-conscious admissions encompasses co-opted civil rights aims for racial equity in education that maintains white supremacy. Racially progressive efforts to include historically racially minoritized applicants of color have been met with unfounded…

This paper presents an analysis of an environmental justice (EJ) program adopted by the South Coast Air Quality Management District (SCAQMD) as a part of its regulation to phase out a toxic chemical used by dry cleaners. SCAQMD provided financial incentives to switch early and gave establishments in EJ neighborhoods priority in applying for…

Despite its relatively short history, policies connected with Affirmative Action have endured a controversial social, political, and legal past. Higher education has witnessed much of this controversy firsthand. Because the venue of many Affirmative Action battles has been waged within educational settings, faculty in higher education are uniquely…

The men's movement is discussed as the reaction to condemnation of men by radical feminists. Two major trends in the men's movement, a more visible (hairy men) element that courts public exposure and an academic men's movement, are explored as reactions to social change. (SLD)

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…

Schools are essentially expected to provide all students with the same educational opportunity despite where they live, or their ability levels. Education Action Zones (EAZs) and Zones d'Education Prioritaire (ZEPs) have been implemented to help eradicate the issue of student equity, promising innovation and a solution to inequalities evidenced in…

There have been numerous lawsuits within higher education brought by females over pay inequity and many articles have been written on the topic. Although not as prevalent, there have been some recent instances where male faculty have claimed--with some degree of success--that the process used by their institutions to make salary adjustments for…

Research has identified that while people with learning disabilities often have greater health needs than the general population, they access primary care at the same rate or lower. Valuing people recommends that members of learning disability teams should take on a key role in supporting people with learning disabilities to access mainstream…

Despite the gains made by minority groups through affirmative action in higher education, in the end, only the earned achievements of minority Americans can form the basis of a true and lasting equality in a pluralistic society. (MSE)

In a test of affirmative-action policies, a white teacher, Sharon Taxman, filed reverse discrimination charges when her downsizing district terminated her and kept a black teacher of nearly identical qualifications. The case was settled out of court. If the U.S. Supreme Court had heard the case under either the Equal Protection or Title VII…

A review of court litigation and federal regulatory action explores the prevalence of discrimination in higher education, and it is suggested that race-exclusive scholarships can be used and defended as a means of eliminating vestiges of discrimination that hinder the access of minorities to postsecondary educational opportunities. (Author/MSE)

Federal constitutional, statutory, and case law dealing with minority-targeted scholarships and admissions are reviewed. Applicable laws and standards, standing, admission and scholarship procedures, affirmative action, and holistic assessments are discussed. It is concluded that many existing affirmative action programs may violate the Fourteenth…

Reviews an unresolved case involving the termination of Sharon Taxman, a white business education teacher at Piscatawny (New Jersey) High School, as a reduction-in-force measure. An African American teacher with equal seniority was retained, based on the board's commitment to affirmative action. Taxman's 1993 suit was upheld, but a circuit court…

Reviews legal theory and major affirmative-action court litigation in two areas involving public education: employment and student placement. Four U.S. Supreme Court justices solidly oppose affirmative-action plans not directly linked to governmental discrimination. Schools should consult attorneys, not advocates, as…

Considers what the higher educational status of black America and the nation as a whole would be if the Bakke decision had gone the other way and race-based affirmative action policies had been held unconstitutional from the beginning. A major erosion in blacks pursuing higher education would be expected. (SLD)