In 'Piscataway,' rights groups lost control
Article Abstract:
The civil rights groups never would have presented an affirmative action case to a Supreme Court which had shown hostility to the practice, but they heard of the case when it was too late and so lost control of it. The best they could do was settle it and try for a better result with the next case. Opposition groups entered the battle and began forming their own public interest law firms as a consequence of the early civil rights groups' successes. More ambiguous issues emerged, and affirmative action was one of them, as rejected whites felt disadvantaged by the preferences received by other races.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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'Hopwood' disregarded U.S. Black experience
Article Abstract:
The US Court of Appeals for the 5th Circuit's flouting of US Supreme Court precedent and its announcement of new affirmative action standards makes Supreme Court review of affirmative action by universities inevitable. There is no basis for the court's opinion that certain post-Bakke rulings require educational institutions to abandon diversity. The court ruled that pursuing diversity in academia is proper, but that race is not a proper basis for this pursuit. The ruling departed dramatically from previous affirmative action rulings.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Switch in tactics in Hopwood appeal; impact of racial preference ban is new focus of UT law school's attempt to lift it
Article Abstract:
The appeal of the Hopwood v. Texas affirmative action case before the United States Court of Appeals for the 5th Circuit will argue that the injunction against using racial preferences issued in Mar 1998 made Hopwood conflict with the landmark 1978 Regents of the University of California v. Bakke case. The appellate case fights the injunction against considering the race of the applicants in perpetuity, fashioning a clearer issue should the case reach the US Supreme Court.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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