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Landmark bakke v regents case conclude
Affirmative action in college admissions
Affirmative action in college admissions
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The case, Regents of the University of California v. Bakke (1978), is a rather unusual Supreme Court case. It deals with a man who was denied admission to medical school and subsequently sued the school claiming that he was unfairly discriminated against due to his race. The twist: the man was white. The primary focus of this case is on the use of racial quotas and affirmative action policies used in the admissions procedures of the Medical School of the University of California at Davis. As a means to remedy past discrimination in the medical field and to promote diversity, the school had reserved 16 percent of its available seats for entering applicants for “disadvantaged minorities,” including “Blacks,” “Chicanos,” “Asians,” and “American
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
Laci Peterson, a 27-year-old wife who was eight months pregnant, disappeared on December 24, 2002. When the body of the California woman and her unborn child were found four months later, her husband, Scott, was charged with two counts of murder. Detective Craig Grogan gave a sworn statement that he had probable cause to believe Mr. Peterson committed two counts of the crime of 187 Penal Code, homicide, on or about December 23, 2002 or December 24,2002, in the county of Stanislaus. April 17, 2003 at 0658 hours the Judge of the Superior Court in Stanislaus County, California issued a warrant for the arrest of Scott Lee Peterson. The court found that the District Attorney’s office did, in fact, have probable cause to bring Scott Peterson in. The Judge specifically addressed bail in the warrant. No bail was granted. April 18, 2003 at 1110 hours, Scott Peterson was arrested at the Torrey Pines Golf Course, in Sand Diego County, California. At the time of his arrest, Peterson had colored his hair blonde, grown a beard and mustache, and was carrying $15,000.00 in cash. During his arrest police also discovered that Peterson’s car was full of camping and survival equipment. Peterson was arrested less than 20 minutes from the Mexican border. Peterson waived booking in San Mateo County, California, and was transferred back to Stanislaus County, California, where he was formally booked by the Stanislaus County Sheriff’s Department.
Another similar case was the Dred Scott Decision. Dred Scott, being a black man during the 1820's, was yet again considered inferior to bring his case to the court. From a reader's point of view, Dred Scott's case was very legit. The Missouri Compromise of 1820 made Scott a free man. All of the blacks going through the 35'36 altitude/latitude line were said to be free men. When Dred Scott entered Illinois, he entered thinking he was a free man, until his owner assaulted him upon the return. Dred Scott did his best to bring not one but three assault cases to the court against his "owner", John F. A. Sanford; however, the court dismissed him as inferior to take any participation or even demand a fair trial. The court also called upon the Missouri Compromise as unconstitutional because of deprivation of personal property, which in this case was Dred Scott - a property of John Sanford. Eventually the sons of Sanford purchased Scott and his wife, and set them free. Scott died just a year after that.
When Bakke applied again in 1974 he was once again rejected. This time Bakke sued the University of California. His position was that the school had excluded him on the basis of his race and violated his rights under the Equal Protection Clause of the Fourteenth Amendment, the California Constitution, and civil rights legislation. The trial court ruled in Bakke's favor, however they did not order the University of California to admit him. Bakke appealed to the California Supreme Court where they ruled that the school's admissions programs were unconstitutional and ordered the school to admit Bakke as a student.
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
The famous Brown v. Board of Education of Topeka can be used to illustrate when judicial review should be implemented to aid one or a faction in actions that are unconstitutional. In the town of Topeka, Kansas a black third-grader was forced to walk one mile through a switchyard in order to get to her black elementary school, although a white elementary school was only a few blocks away. Her parents attempted to enroll her into the white school but were repeatedly denied. The Brown v. Board of Education case was tried on behalf of the black minority that was the target of racial segregation in public schools.
There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
Recently the merits of a race based admission policy to colleges and universities have come under scrutiny by the American public. Take into account the position of black conservatives, who feel that affirmative action merely perpetuates a system of preference in reverse and does nothing to fix the problems African Americans face in lower educational programs. When looking at the arguments of the Black conservatives and comparing them to the view points of the opposition, a certain conclusion may be reached.
Affirmative action has been a controversial topic ever since it was established in the 1960s to right past wrongs against minority groups, such as African Americans, Hispanics, and women. The goal of affirmative action is to integrate minorities into public institutions, like universities, who have historically been discriminated against in such environments. Proponents claim that it is necessary in order to give minorities representation in these institutions, while opponents say that it is reverse discrimination. Newsweek has a story on this same debate which has hit the nation spotlight once more with a case being brought against the University of Michigan by some white students who claimed that the University’s admissions policies accepted minority students over them, even though they had better grades than the minority students. William Symonds of Business Week, however, thinks that it does not really matter. He claims that minority status is more or less irrelevant in college admissions and that class is the determining factor.
Racial preference has indisputably favored Caucasian males in society. Recently this dynamic has been debated in all aspects of life, including college admission. Racial bias has intruded on the students’ rights to being treated fairly. Admitting students on merit puts the best individuals into the professional environment. A university’s unprejudiced attitude towards race in applicants eliminates biases, empowers universities to harness the full potential of students’ intellect, and gives students an equal chance at admission.
Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges or hiring preferences with public and private jobs; although Affirmative Action has never required quotas the government has initiated a benefits program for the schools and companies that elect to be diversified. The advantages that are received by the minorities’ only take into account skin color, gender, disability, etc., are what is recognized as discriminatory factors. What is viewed as racism to the majority is that there ar...
The discrimination against Caucasian and Asian American students a long with the toleration of lower quality work produced by African American students and other minority students is an example of the problems caused by Affirmative Action. Although affirmative action intends to do good, lowering the standards by which certain racial groups are admitted to college is not the way to solve the problem of diversity in America's universities. The condition of America's public schools is directly responsible for the poor academic achievement of minority children. Instead of addressing educational discrepancies caused by poverty and discrimination, we are merely covering them up and pretending they do not exist, and allowing ourselves to avoid what it takes to make a d... ... middle of paper ... ...