Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California...
Fantastic news! We've Found the answer you've been seeking!
Question:
Transcribed Image Text:
Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race. The case asked whether the university violated the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school. There was no single majority opinion in this case. Four of the justices contended that any racial quota system supported by government was unconstitutional. Justice Lewis F. Powell, Jr., agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school were also unconstitutional. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria. So, the Court managed to minimize white opposition to the goal of equality (by finding for Bakke) while extending gains for racial minorities. Source: Oyez, Regents of the University of California v. Bakke A. Identify the constitutional provision that is common in both Regents of the University of California v. Bakke (1978) and Brown v. Board of Education (1) (1954). B. Based on the constitutional provision provided in part (A), explain how the decision in Brown v. Board of Education (1) (1954) compares to the decision in Regents of the University of California v. Bakke (1978). C. Explain how voters who disagree with the holding in Regents of the University of California v. Bakke (1978) could act to limit its impact. Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race. The case asked whether the university violated the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school. There was no single majority opinion in this case. Four of the justices contended that any racial quota system supported by government was unconstitutional. Justice Lewis F. Powell, Jr., agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school were also unconstitutional. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria. So, the Court managed to minimize white opposition to the goal of equality (by finding for Bakke) while extending gains for racial minorities. Source: Oyez, Regents of the University of California v. Bakke A. Identify the constitutional provision that is common in both Regents of the University of California v. Bakke (1978) and Brown v. Board of Education (1) (1954). B. Based on the constitutional provision provided in part (A), explain how the decision in Brown v. Board of Education (1) (1954) compares to the decision in Regents of the University of California v. Bakke (1978). C. Explain how voters who disagree with the holding in Regents of the University of California v. Bakke (1978) could act to limit its impact.
Expert Answer:
Answer rating: 100% (QA)
A The constitutional provision common in both Regents of the University of California v Bakke 1978 and Brown v Board of Education I 1954 is the Fourte... View the full answer
Related Book For
Posted Date:
Students also viewed these law questions
-
Case: The NFL, NCAA, and Concussions: The Unethical Exploitation of Athletes "IRON MIKE" WEBSTER "Iron Mike" Webster didn't play football in high school until his junior year, but nevertheless he...
-
Patrick HAYDEN and Melissa Hayden, on behalf of their minor child, A.H., Plaintiffs-Appellants, v. GREENSBURG COMMUNITY SCHOOL CORPORATION, et al., Defendants-Appellees. No. 13-1757.Decided: February...
-
Lionel Train Company has the following information for this year and next year. Current Next Year Year Trains purchased 40,000 48,000 Trains scrapped in production 4,000 3,000 Trains sold 36,000...
-
In the late 1800s "wildcat banks," which were easy to charter and largely unregulated, sprang up across the American West. Some new banks chose to operate out of simple and inexpensive wooden...
-
North Platt Machinery Company manufactures a shaft that must fit inside a sleeve. The firm has just received an order of 50,000 units from Southernstar Exploration Company for $80 per unit. North...
-
Evaluate the ways that censorship affects the arts in different cultural contexts.
-
Emery Pharmaceutical uses an unstable chemical compound that must be kept in an environment where both temperature and humidity can be controlled. Emery uses 800 pounds per month of the chemical,...
-
Determine (a) the $ net markdown and (b) the net markdown % from the following figures: Gross Sales $450,000 Customer Returns $10,000 Total Markdowns $124,800 Markdown Cancellation. $32,400
-
Let a, b, c, m, be constants. Given the linear second-order equation: ay"+by+cy-0, let y-emt be a solution. Substitute into the equation and answer the following questions. Find the quadratic...
-
An engineer will deposit 10% of her salary each year into a retirement fund. If her current annual salary is $87,000 and she expects that it will increase by 9% each year, what will be the present...
-
Identify and define at least one ethical framework that the company, Equifax, apparently employed in making its decision in that ethical dilemma. This is during the time that Equifax had a data...
-
A company has a semiannual coupon bond issue that has a coupon rate of 10%, a par value of $1,000, a 20 years maturity, and a current price of $1,319.42. Determine the bond's YTC if the bond is...
-
If Berkshire Hathaway's A shares are trading at $101,640, what split ratio would it need to bring its stock price down to $42?
-
John, an investment adviser, tells Lisa that if she's willing to invest the amount of $ 1 0 0 today, he can increase this investment by 3 times in 7 years. What annual rate of return is John...
-
Select a large organization and research their corporate social responsible plan.(i like starbucks organization) it would be easier to select a company that is publically traded. Write a report with...
-
The roof of a refrigerated truck compartment is of composite construction, consisting of a layer of foamed urethane insulation (t2 = 50 mm, ki = 0.026 W/m K sandwiched between aluminum alloy panels...
-
Describe the process of valuing the entrepreneurs ownership interest in a two-stage investment. Refer to Tables 13.10 and 13.13. Data from table 13.10 Data from table 13.13 Market potential...
-
Euro Exchange Rates. The exchange rate that we consider is the amount of euros that one can purchase for one U.S. dollar. We have \(T=699\) daily observations from the period April 1, 2005, through...
-
Evaluate the current yield curve level and structure using the following screens: a. YCRV or GC to access yield curves. b. FWCV to determine implied forward rates. c. USoo03M, USoo06M, USoo09M, and...
Study smarter with the SolutionInn App