CRM/LAW C10 Lecture Notes - Lecture 7: United States Court Of Appeals For The Fifth Circuit, Executive Order 11246, Critical Race Theory

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C10 Notes- Affirmative Action in Education- 2-2
-Critical Race Theory
La’s ole i the ostutio ad aiteae of soial doiatio ad suodiatio ad the
pervasiveness of racism in American life.
-Affirmative Action
The set of public policies and initiative designed to help eliminate past and present
discrimination based on a number of classifications.
-Executive Order 11246
Phase affiatie Atio fist used y Pesidet Johso i 19:
o Reuied fedeal otatos to take affiatie action to ensure that applicants are
eployed…ithout egad to thei ae…
-Key Civil Rights Laws
Civil Rights Act of 1964 forbids racial discrimination in public accommodations and race
discrimination in employment (in addition to sex, religion, age, etc)
Voting Rights Act of 1965 to address insidious and pervasive racial discrimination in Voting
-Grutter v Bollinger (US 2003)
University of Michigan Law School admissions policy seeks to achieve student body diversity.
Uses had ad soft aiales i making its decision
The poliy does’t defie diesity solely i tes of ae o ethiity
Enroll a critical mass of underrepresented minority students for the school and the profession.
-Barbara Gutter argued
The University of Michigan aw school denied admission to her, white, good GPA, and high LSAT
score
The law school had no compelling interest to justify the use of race in the admissions process, in
violation of the 14th Amendment Equal Protection Clause.
The school used race as a dominant factor in admissions
Enrolled more minorities
Attaining a diverse student body is a compelling interest
-UC Davis v. Bakke (U.S. 1978)
4 Justices (+ Powell) say the government can use race to remedy disadvantages cast on
minorities by past racial prejudice and achieve a diverse student body
-“tit “utiy
Classification that creates discrimination against a certain group
Legitimate discrimination
Certain classifications ae suspiious
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