Cali u vs bakke powerpoint
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Allan Bakke, a white male, sued the University of California Davis Medical School after being rejected twice despite having strong academic qualifications, alleging that the school's affirmative action policy discriminated against him on the basis of his race. The Supreme Court ruled that while promoting diversity is a compelling government interest, the medical school's quota system was not narrowly tailored enough to achieve that goal and violated Bakke's rights under the Equal Protection clause.
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Regents of University of California v. Bakke, 438 U.S. 265 (1978.docx
Regents of University of California v. Bakke, 438 U.S. 265 (1978)
98 S.Ct. 2733, 17 Fair Empl.Prac.Cas. (BNA) 1000, 17 Empl. Prac. Dec. P 8402...
© 2018 Thomson Reuters. No claim to original U.S. Government Works.
KeyCite Yellow Flag - Negative Treatment
Not Followed as Dicta Johnson v. Board of Regents of University of Georgia, 11th Cir.(Ga.), August 27, 2001
98 S.Ct. 2733
Supreme Court of the United States
REGENTS OF the UNIVERSITY OF CALIFORNIA, Petitioner,
v.
Allan BAKKE.
No. 76–811.
|
Argued Oct. 12, 1977.
|
Decided June 28, 1978.
Synopsis
White male whose application to state medical school was rejected brought action challenging legality of the school’s special admissions program under which 16 of the 100 positions in the class were reserved for “disadvantaged” minority students. School cross-claimed for declaratory judgment that its program was legal. The trial court declared the program illegal but refused to order the school to admit the applicant. The California Supreme Court, 18 Cal.3d 34, 132 Cal.Rptr. 680, 553 P.2d 1152, affirmed the finding that the program was illegal and ordered the student admitted and the school sought certiorari. The Supreme Court, Mr. Justice Powell, held that: (1) the special admissions program was illegal, but (2) race may be one of a number of factors considered by school in passing on applications, and (3) since the school could not show that the white applicant would not have been admitted even in the absence of the special admissions program, the applicant was entitled to be admitted.
Affirmed in part and reversed in part.
Mr. Justice Brennan, Mr. Justice White, Mr. Justice Marshall and Mr. Justice Blackmun filed an opinion concurring in the judgment in part and dissenting.
Mr. Justice White filed a separate opinion.
Mr. Justice Marshall filed a separate opinion.
Mr. Justice Blackmun filed a separate opinion.
Mr. Justice Stevens concurred in the judgment in part and dissented in part and filed an opinion in which Mr. Chief Justice Burger, Mr. Justice Stewart and Mr. Justice Rehnquist joined.
West Headnotes (19)
[1]
Federal Courts
Review of State Courts
Where, in action brought by white applicant to medical school for declaratory and injunctive relief against the school’s denial of admission, the school had cross-claimed for declaratory judgment that its special admissions program for minority applicants was constitutional and where the lower court had determined, as a reason for its judgment in favor of the applicant, that the school’s use of race in its consideration of any candidate’s application was unlawful, it was proper for the Supreme Court to deal not only with the issue of the denial of admission to the white applicant but also to deal with the propriety of the use of race as a factor in reviewing applications generally.
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[2]
Federal Courts
Review of State Courts
Although the petitioner for certiorari did not object to respondent’s ...
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This document is the plaintiff's response to the defendant's motion to dismiss. It argues that the defendant has not provided sufficient grounds for dismissal under the motion to dismiss standard. It asserts that the plaintiff's complaint alleges an ongoing series of exchanges regarding requests for identifiable parking citations issued to student athletes, not just five specific instances. It also argues that the requested records (parking citations) do not qualify as educational records protected by FERPA, as they are maintained separately and not as part of students' permanent files. Even if some records cannot be disclosed due to FERPA, the university still has an obligation to provide accessible portions of the requested records.
Lau V. Nichols Vincent N M
The Supreme Court ruled in favor of 1,800 Chinese students who were not receiving a proper education because they could not speak or understand English. Lower courts had ruled in favor of the school district, but the Supreme Court reversed, finding that denying Chinese-speaking children an effective education violated their civil rights. The ruling established that school districts must take affirmative steps to help students overcome language barriers to ensure they can meaningfully participate in educational programs.
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