| My study was a legal analysis of case law relating to race-conscious affirmative action in higher education student admission programs. My study addressed the legal limits of affirmative action law in public higher education. Using a variety of databases, including WestLaw and LEXIS, I sought to identify and analyze all published legal decisions regarding affirmative action in these contexts. The scope of the study was national, and encompassed legal rulings from federal courts.; My objective was to delineate, as specifically as possible, the legal limits between valid and invalid race-conscious affirmative action student admission programs under the U.S. Code and the Constitution. My study discussed the various types, origins, and definitions of affirmative action. It also discussed the general and legal history of affirmative action and, in particular, the legal history of affirmative action in higher education student admissions. A case law review of federal district and circuit courts was followed by an evaluation of Supreme Court decisions.; I derived general and specific conclusions regarding race-conscious affirmative action student admission programs. In general, such programs are legally valid, because they fulfill the need of colleges and universities to provide a diverse student body, which is a legitimate government interest in education. Colleges and universities may, therefore, consider race as one of many factors in student admissions. Specifically, however, these institutions must understand the difference between a quota and a critical mass, because strict quotas are prohibited. These institutions must also use good faith in implementing race-conscious admission programs, while not having to exhaust every race neutral plan. |
