Strict Scrutiny In 1970s more and more policy decisions were made by the

Strict scrutiny in 1970s more and more policy

This preview shows page 80 - 83 out of 135 pages.

Strict-Scrutiny- In 1970s, more and more policy decisions were made by the decision makers in various institutions around the country to institute programs that would help ameliorate the problems of prior discrimination by affirmatively aiding the minorities in the quest for real equality. ____________________________________________________________________ AFFIRMATIVE ACTION HYPO #1 : Mercer is private school; doesn’t have to deal with analysis; only deals with federal laws NONE Affirmative action only applies to state schools What scrutiny level? Suppose mercer gives preference to Afr. Am. When looking at applicants to law school Facts : AFFIRMATIVE ACTION HYPO #2 : Just like Bakke : Suppose University of Michigan Law gives preference to African Americans in application process, but gives a point system and giving blacks more points in admissions cycle Facts : OUTLINE Page 80
Image of page 80
process, but gives a point system and giving blacks more points in admissions cycle Argue strict scrutiny; fails at third step of least drastic means What would you do? NO THE MODEL General welfare Can't use race as proxy; no compelling interests Society hurt them, not the schools; can't just help them ( strict scrutiny) Counter effects of societal discrimination 1. Facially invalid; preferring members of any one group for no other reason is unconstitutional Reducing historical deficit of traditionally disfavored minorities 2. Diversity is great reason; compelling interest But not in this case; because not necessarily related to the ends Increasing number of minorities in professional schools 3. Quota system not necessarily related because don’t require doctors to go to minority communities after fact Increasing educational benefits from ethnically diverse student body 4. ****Provide fair appraisal of each individual's academic promise in light of some cultural bias in grading or testing procedures 5. Purpose(s): (pg 688) State 1. Look at race in terms of admissions process & have racial quotas and make sure have certain percentage of minorities Give points to blacks who apply so they can get in Means 2. Yes Rationally related? 3.Scrutiny level?4.No fundamental right to education &
Image of page 81
Image of page 82
Image of page 83

You've reached the end of your free preview.

Want to read all 135 pages?

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes