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Realizing Bakke's Legacy
Affirmative Action, Equal Opportunity, and Access to Higher Education
Catherine L. Horn
Paper: 978 1 57922 268 0
Cloth: 978 1 57922 267 3
6" x 9"
tables & figures
• How has Bakke shaped our understanding of race, access to education, and affirmative action?
• Will Bakke remain relevant for the future, legally and politically?
• Can we use Bakke to re-envision affirmative action in higher education?
Published to mark the 30th anniversary of the Supreme Court’s Bakke decision, this book explores the complex set of legal and educational policy circumstances established by this historic court decision that continues to simultaneously frame, narrow, and confound our understanding of affirmative action in higher education specifically, and issues of equity in education broadly.
By “upholding Bakke,” the Supreme Court, in its Gratz and Grutter opinions, maintained its centrality in the on-going argument about access to higher education. However, this validation of racial and ethnic diversity as a legally compelling interest did not silence the multiplicity of voices debating the consequences and fundamental issues of Bakke. Multi-disciplinary in approach and multi-racial in content, this book represents that kaleidoscope of voices and opinions.
The contributors include scholars of national stature in the areas of access and equity in education.
The book is guided by three frames: Bakke's legal and philosophical lineage; the educational pipeline -- past, present, and future; and policy and practice. It begins with an historical analysis of the legal and policy parameters of the decision and highlights the legal and social fissures that exist related to affirmative action and college admissions. It discusses in detail the philosophical underpinnings of affirmative action as a catalyst for reaping the benefits of diversity. The book also reviews Bakke's broader influences on K-12 and postsecondary politics, and practices across institutional, state, and national levels.
As racial divisions in the country are sharpening and as educational outcomes continue to be directly related to race and poverty, this volume will help inform the discussions and decisions by federal and state policy-makers, educational providers, civil rights advocates and other interested stakeholders to bring about the changes that lead to equal opportunity.
Table of Contents:
List of Tables, List of Figuresl Acknowledgements; 1) Realizing the Legacy of
—Catherine L. Horn and Patricia Marin; PART ONE: BAKKE’S LEGAL AND PHILOSOPHICAL LINEAGE: 2)
, Antidiscrimination Jurisprudence, and the Trajectory of Affirmative Action Law—Angelo N. Ancheta; 3) Can We Find Common Ground on Affirmative Action Thirty Years After
?—Michele S. Moses; PART TWO: THE EDUCATIONAL PIPELINE: PAST, PRESENT, AND FUTURE: 4) O’Connor’s Claim: The Educational Pipeline and
—John T. Yun and Chungmei Lee; 5) Educational Attainment in the States: Are We Progressing Toward Equity in 2028?—Donald E. Heller; 6)
Beyond College Access: Investigating Racial/Ethnic Differences in College Completion—Michal Kurlaender & Erika Felts; PART THREE: POLICY AND PRACTICE: 7) Is 1500 the new 1280? The SAT and Admissions Since
—Catherine L. Horn and John T. Yun; 8)
at Thirty: A History of Affirmative Action in U.S. Law Schools—William C. Kidder; 9) Institutional Decision-Making and the Politics of Fear Thirty Years after
—Karen Miksch; 10)
and State Policy: Exercising Institutional Autonomy to Maintain a Diverse Student Body—Patricia Marin and Stella M. Flores; 11) The Future of
—Patricia Marin and Catherine L. Horn; About the Authors; Index.
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Reviews & Endorsements:
“This work displays the work of a wonderful arc of scholars, across disciplines and temperaments, who have read the opinions and developments closely, as befits this essential case. Their contributions are mature and useful, although a little too easy upon some of the villains in this discourse, especially restrictionists and reactionary policy figures and makers who endeavor to strike down any programs that appear to help the disadvantaged; and who contribute nothing positive to actual practice. These scholars demonstrate the continuing vitality of the case, the fecklessness of many educators, and the promise for our collective future. The Academic Right will have to deal with these findings, and when demography takes its promised turn, many of them will believe in minority rights—their own.”
- Michael A. Olivas, author of
Education Law Stories, Colored Men
and William B. Bates Distinguished Chair in Law
University of Houston Law Center
Realizing Bakke's Legacy
by Patricia Marin and Catherine Horn, is a note-worthy and praiseworthy collection of writings by 12 diverse authors with expertise in the areas of law, public policy, psychology, civil rights, access, affirmative action, and education. If the book simply expanded our understanding of affirmative action on college campuses, that contribution in itself would have been significant, but this book offers much more. In reality this book is as much asbout the future as it is the past. While it provides a historical examination of the infamous 1978
Regents of the University of California v. Bakke
and the more recent (2003) reaffirmations of the Supreme Court rulings in
Grantz v. Bollinger
cases, it also reframes the discussion to include philosophical underpinnings of higher education, appraises the K-16 educational pipeline, and provides a foundation for more inclusive admissions policy and practice... For those intrigued by higher education law and policy and who are committed to finding ways to address the barriers to access that continue to plague higher education, this tome provides vital information and insight... Overall, this book offers a thorough and balanced examination of diverse views of the impact and role of the Bakke decision in higher education over the last 30 years. By dissecting the frame-works for the affirmative action debate, the book provides the reader with a deeper understanding of the concept and impact of affirmative action."
- The Review of Higher Education
is grounded in a thorough understanding of higher education law and policy . . . . .The compilation of articles provides theoretical tools for conceptualizing the affirmative action debate, supplies new social science research to inform educational policies, and offers cogent strategies for implementing institutional policies to realize this nation's promise of equal education."
- Harvard Educational Review
"Responding to recent court cases that have challenged the
ruling, the editors suggest multiple means of defense against attacks on progressive educational policies. Their volume, with its breadth of focus and specificity of detail, represents one such tool."
- Diversity and Democracy
"In a country founded by lawyers, where polarized and deadlocked politics and very powerful courts often mean history turns on court decisions, we seldom take time to look back at a great legal turning point, to think critically about its consequences and to apply the lessons to the future. Patricia Marin and Catherine Horn have brought together new studies exploring the legacy of the 1978 Bakke decision which has helped shape colleges for three decades The book shows how the decision teetered between the equity impulse of the civil rights revolution and the conservative takeover of the courts, and demonstrates that the problems that made affirmative action necessary are still profoundly rooted in our society. This book has insights and new data that will help move the national debate forward."
- Gary Orfield, Co-Director, Civil Rights Project / Proyecto Derechos Civiles
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