Legal Memos

Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases

On June 23, 2003, the United States Supreme Court issued a ruling in Grutter v. Bollinger and upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education.

Revisiting Bakke and Diversity-Based Admissions: Constitutional Law, Social Science Research, and the University of Michigan Affirmative Action Cases

The decisions of the United States Supreme Court in two major cases – Gratz v. Bollinger and Grutter v. Bollinger – are expected to have broad effects on the future of race-conscious affirmative action in the United States.

Constitutional Requirements for Affirmative Action In Higher Education Admissions And Financial Aid

Race-conscious affirmative action programs in higher education are subject to "strict scrutiny," which is the highest standard of review used by the courts to evaluate a policy's constitutionality.

Overview of Constitutional Requirements In Race-Conscious Affirmative Action Policies In Education

Almost all educational institutions are required to meet strict legal requirements when taking race into account in admissions, financial aid, student assignment, and other educational policy decisions.

Constitutional Requirements for Race-Conscious Policies In K-12 Education

Voluntary efforts to promote racial integration at the K-12 level have met strong resistance from the courts in recent years, despite the long history of court involvement in desegregration litigation.