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Bakke v regents case conclude
Reverse Discrimination in the Bakke case
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Before the principal meets with the student, they must consider the different reasons as to why the student should be reconsidered for the position or be kept in denial. The school planned a trip to Cuba. Fifteen spots were created for students able to pay the cost of $2100; these students had to have good grades and be involved in their community. Five positions were reserved for students of diverse backgrounds, members of the LGBTQ community and those with disabilities. After being denied one of the reserved positions, Chandler Smith, a student, became angry with the school principal. Chandler believes that she’s the victim of reverse discrimination, and was wrongly denied a spot within the five reserved. To help make the decision as to whether or not this should be revisited, the following precedents were cited. In 1978, the University of California vs Bakke made the settlement that strict quotas cannot be used to make decisions. This ‘reverse discrimination’ was determined by the “Civil Rights Act of 1964 and the equal protection clause of the US Constitution’s …show more content…
“This price was set so the school could offer a limited number of spaces to students of diverse backgrounds at no cost to the student or their family.” The original price was not affordable for Chandler to be able to go, which is why she applied for one of the five reserved spots. The article states, “She comes from a working class family and has qualified at various points during school for free and reduced price meals at school. The $2100 cost is almost certainly beyond her family’s means.” Chandler may have qualified for one of the reserved spots because of her economic disadvantages. Further, Chandler does have the good grades and community service that was required of the other students chosen, perhaps making her further eligible for the reduced
Over the past 15 years tremendous awareness has been raised around this and programs of preferential treatment emerged. These programs ensured equal rights for people of color and females in the work place, allowing for them to apply for executive level positions and earn the same amount of money, benefits, and prestige as a white male ensuring equality for all race and sex. Lisa Newton argues that, “reverse discrimination does not advance but actually undermines equality because it violates the concept of equal justice under law for all citizens. In addition, to this theoretical objection to reverse discrimination, Newton opposes it because she believes it raises insoluble problems.” Among them are determining what groups have been sufficiently discriminated against in the past to deserve preferred treatment in the present and determining the degree of reverse discrimination that will be compensatory. Newton outlines the importance of ensuring her argument is recognized as logically distinct from the condition of justice in the political sense. She begins her argument for reverse discrimination as unjustified by addressing the “simple justice” claim requiring that we favor women and blacks in employment and education opportunities. Since women and blacks were unjustly excluded from such opportunities for so many years in the not so distant past, however when employers and schools favor women and blacks, the same injustice is done. This reverse discrimination violates the public equality which defines citizenship and destroys the rule of law for the areas in which these favors are granted. To the extent that we adopt a program of discrimination, reverse or otherwise, justice in the political sense is destroyed, and none of us, specifically affected or no is a citizen, as bearers of rights we are all petitioners
High school student “John Doe” responded to peer teasing by choking the student and then kicking out a school window. Middle school student “Jack Smith” made sexual lewd comments to female classmates. Both had a history of hostile and aggressive behaviors that are manifestations of their disabilities. On the fifth day of the school suspension, the district notified both boys’ parents that they were proposing expulsion and they extended suspension until the expulsion proceedings were finished. Doe filed suit against the school district and the superintendent on grounds that the disciplinary actions violated the “stay-put” provision of the then Education of the Handicapped Act (EHA) (later IDEA). Having learned of Doe’s case, Smith also protested the school’s actions and intervened in Doe’s
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission to the University of California Medical School at Davis. In 1974 he filed another application and was once again rejected, even though his test scores were considerably higher than various minorities that were admitted under a special program. This special program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the Equal Protection Clause of the 14th amendment, so he took the University of California Regents to the Superior Court of California. It was ruled that "the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist.
Affirmative Action Question: Newton and Wasserstrom seem to disagree about whether affirmative action is a form of reverse discrimination. Explain how each arrives at their position about whether or not affirmative action is similar to or different from discriminatory laws of the Jim Crow era
The superintendent and principal are stymied in their efforts to reach a compromise as Mrs. Durnitz refuses to change her position that the policy must be followed to the letter. She appealed to the teachers’ association for support when it appeared that the administration and board might not uphold her position. The local newspap...
Title VII under the Civil Rights Act of 1964 was enacted on July 2nd, 1964 as a mitigation strategy to prohibit any form of discrimination on grounds of a person’s religion, sex, color, race or their national origin. The law was originally meant to solve the problem of discrimination witnessed during voter registration. It was also expected to solve discrimination present at workplaces and schools where there was widespread racial discrimination. However, the law has become an even more relevant tool and has seen to it that hiring and firing processes by many companies are adherent to it.
Schools are spending too much money with this program that could be spent on other benefits for schools. Rather than using the money to get students new technology or property it 's wasted on a lunch program that students do not enjoy nor want to purchase. In the Article, “School Lunch Food is Not Fresh, Students Say” Journalist Audrey Levine interviews high school students about they feel about their school lunches. “It’s way too expensive now, but I’m still buying,” said senior Stephanie Huang. “And I don’t think more people are bringing lunch because
The Court ruled that the use of racial quotas in its admissions process is unconstitutional. Although the Supreme Court ruled that racial quotas were unconstitutional, in certain cases, more minority applicants could be accepted constitutionally. It was a five to four decision written by Justice Lewis Franklin Powell. Race can be looked upon in order to ensure educational diversity, but other admissions factors must be considered. For example, someone who is a minority cannot be accepted if they do not meet the academic qualifications. For this specific case, the medical school’s process did violate equal protection. The Equal Protection Clause forbids a state from denying anyone equal protection of the law.
Brown, D. (2012). An invitation to profile: Arizona v. united states. International Journal of Discrimination and the Law, 12(2), 117-127.
Affirmative action, the act of giving preference to an individual for hiring or academic admission based on the race and/or gender of the individual has remained a controversial issue since its inception decades ago. Realizing its past mistake of discriminating against African Americans, women, and other minority groups; the state has legalized and demanded institutions to practice what many has now consider as reverse discrimination. “Victims” of reverse discrimination in college admissions have commonly complained that they were unfairly rejected admission due to their race. They claimed that because colleges wanted to promote diversity, the colleges will often prefer to accept applicants of another race who had significantly lower test scores and merit than the “victims”. In “Discrimination and Disidentification: The Fair-Start Defense of Affirmative Action”, Kenneth Himma responded to these criticisms by proposing to limit affirmative action to actions that negate unfair competitive advantages of white males established by institutions (Himma 277 L. Col.). Himma’s views were quickly challenged by his peers as Lisa Newton stated in “A Fair Defense of a False Start: A Reply to Kenneth Himma” that among other rationales, the Fair-Start Defense based on race and gender is a faulty justification for affirmative action (Newton 146 L. Col.). This paper will also argue that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action should still be allowed and reserved for individuals whom the state unfairly discriminates today.
One of the issues that were brought up was an upset parent who mentioned that his child suffers from narcolepsy. He was addressing that he wants the school board to help him because he feels as if the principal is penalizing his daughter. He mentioned that the principal mentioned that he will penalize the girl because of her lateness. He also mentioned that the principal refused to acknowledge his daughter’s sickness and how the principal bullied him. Following this one of the members from the board address this issue by mentioning that this issue that the parent has addressed is a personal issue that really should not be mentioned in this meeting. The school board member also mentioned that this should not be acceptable from a principal to be uninvolved. And how no child should be treated like this. He would also mention that this issue will be
In 1896 the U.S. Supreme Court upheld the law of racial segregation in public. It was known as separate but equal. Yet one cannot be equal, because Cauca...
The American Civil Liberties Union of Southern California has challenged this arrangement in a class-action lawsuit. Having eliminated the race-sensitive policies that once compensated for these inequalities, California is now being forced to deal with
Disproportionate identification of minority students in special education is a major concern in schools today. This paper describes the issues in the assessment process with minority students and how we have arrived at a situation where minorities are being misdiagnosed into special education programs. Additionally, several legal cases are mentioned which show numerous actions and rulings that have tried to correct the disproportionate identification in special education. Some of the legal cases discussed include Larry P. v Riles, Diana v. State Board of Education, and Guadalupe v. Tempe Elementary School, which all significantly impacted special education today. Additionally, the Individual with Disabilities Education Act has enforced that minority groups must receive an equal education in the least restrictive environment possible. It is our duty as teachers and citizens to abide by these laws and find different ways to assess and correct the disproportionality of minority groups that exists today.