A Study Of The Diversity Rational In The Judicial Practices Of Affirmative Action In American Higher Education

In the field of higher education enrollment,affirmative action has been controversial from the start.These disputes are settled by the Federal Supreme Court.The Supreme Court proposed and affirmed the “diversity rationale” in its constitutional judicial review of Affirmative Action in higher education.It also makes the principle of diversity occupy a special position in its public discourse.The main purpose of this paper is to explore why the “diversity rationale” comes to occupy such a key position in the judicial practices of Affirmative Action in American higher ducation.Based on Bakke(1978),Grutter(2003),Gratz(2003)and Fisher(2013)to explore the evolution of the diversity rationale,the legal and jurisprudential basis of the diversity rationale.Expounding some difficult problems that the diversity rationale faces of Affirmative action in higher education.Part I.The practice and judicial challenges of Affirmative Action in American higher education.This section reviews the origin of affirmative action,the practice and judicial challenges of Affirmative Action in higher education.Part Ⅱ.The evolution of the diversity rationale.Take classic cases as examples to explore the historical evolution of the diversity rationale.To explain how the diversity rationale occupies an important position in the judicial decision of American higher education.Part Ⅲ.The legal basis of the diversity rationale.Clarify the legal basis and legal boundary of the diversity rationale,and explain the legitimacy of the diversity rationale in terms of legal principles.Part Ⅳ.The jurisprudential basis of the diversity rationale.Exploring the jurisprudential basis of the diversity rationale.Explain why the diversity rationale can play an important role in the judicial review.Part Ⅴ.Rethinking the diversity rationale.Discuss the problems of the legal basis and legal boundary of the diversity rational and the problems inherent the diversity rationale.