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Full-Text Articles in Law
Grutter And Gratz: A Critical Analysis, Lackland H. Bloom Jr.
Grutter And Gratz: A Critical Analysis, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
This Article will analyze the Grutter and Gratz opinions, especially Justice O'Connor's important opinion for the majority in Grutter, and will consider the significance of these decisions in terms of university admissions policy, justifications for racial preferences, and equal protection doctrine. The article will conclude that the Court's defense of the use of racial preferences does not square well with the Powell opinion in Bakke on which it relied so heavily. It will suggest that the Court could have offered a more persuasive explanation for the result it reached but probably felt precluded by precedent from doing so.
Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.
Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …