The Cost of Good Intentions: Why the Supreme Court's Decision Upholding Affirmative Action Admission Programs is Detrimental to the Cause

40 Pages Posted: 2 Jul 2008

See all articles by Leslie Y. Garfield Tenzer

Leslie Y. Garfield Tenzer

Pace University - School of Law; Elisabeth Haub School of Law at Pace University

Abstract

This article provides an overview of the Federal Courts' interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.

Keywords: Constitutional law, affirmative action, admission policy, education, civil rights

JEL Classification: I20, K19, K39, I29

Suggested Citation

Tenzer, Leslie Y. Garfield, The Cost of Good Intentions: Why the Supreme Court's Decision Upholding Affirmative Action Admission Programs is Detrimental to the Cause. Pace Law Review, Vol. 27, No. 15, 2006, Available at SSRN: https://ssrn.com/abstract=1148422

Leslie Y. Garfield Tenzer (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
WHITE PLAINS, NY 10603
United States

Elisabeth Haub School of Law at Pace University ( email )

78 North Broadway
WHITE PLAINS, NY 10603
United States

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