Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
0 0
Supreme Court of the United States - 438 U.S. 265
DeepDiveHighlight a legal term to see the definition
The Supreme Court of California ruled that the use of race in admissions processes must be supported by evidence and cannot be the sole basis for preferential treatment. The Equal Protection Clause prohibits discrimination based on race, ethnicity, and culture, including discrimination against white people. Racial preferences are only allowed as remedies for constitutional or statutory violations resulting in identified, race-based injuries to individuals entitled to the preference. Title VI of the Civil Rights Act of 1964 prohibits only the use of racial criteria that would violate the Fourteenth Amendment if used by a State or its agencies. The use of race-conscious admissions programs is justified if there is substantial and chronic minority underrepresentation and past discrimination is impeding access to education. Congress can also require employers to use test criteria that fairly reflect the qualifications of minority applicants vis-à-vis nonminority applicants, even if this means interpreting the qualifications of an applicant in light of their race.
The dissenting opinion in this case highlights the need to identify the specific issue before the Court, which is whether the special admissions program violated the Federal and California Constitutions and Title VI of the Civil Rights Act of 1964 by denying Allan Bakke a place in medical school because of his race. The California Supreme Court found that the trial court erred by placing the burden of proof on Bakke to show that he would have been admitted without discrimination. Consequently, the California Supreme Court ordered Bakke's admission, which overruled paragraph 2 of the trial court's judgment. As a result, there is no injunction prohibiting the consideration of racial criteria in processing applications. The Supreme Court's duty is to address the statutory claim first, which is whether the University's special admissions program violated Section 601 of the Civil Rights Act of 1964. Only if the petitioner prevails on the statutory issue will the Court need to decide whether the University's admissions program violated the Equal Protection Clause of the Fourteenth Amendment.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.