Preview

California Vs Bakke Case Study

Good Essays
Open Document
Open Document
819 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
California Vs Bakke Case Study
1. The court case that will be written about is Regents of the University of California v. Bakke 1978.
2. Before this case took place, there had recently been many cases and laws that had been implemented regarding racial segregation and discrimination. In 1964, The Civil Rights Act passed which forbids racial discrimination in any program or activity receiving federal funding ((2)"Regents of the University of California v. Bakke."). The main law that was put into question and was used in the persecutor’s argument was the Fourteenth Amendment’s Equal Protection Clause. Bakke believed that his rights under the Fourteenth Amendment were being violated by UC Davis’s admission program.
3. Allan Bakke was a 35-year-old white male who after serving in the Marine Corps in Vietnam and working as an engineer for NASA, developed an interest in medicine. Bakke applied to UC Davis and was rejected even though he had attained a GPA and MCAT grade above the school’s average. Along with excellent academic recognition, he also had very good credentials beyond the classroom and was even interviewed by UC Davis’s Dr. Theodore West who stated that Bakke was, “a
…show more content…
The effect of this case was that racial quotas were ruled to be unconstitutional, while affirmative action programs would remain constitutional. These affirmative action programs would rule as constitutional as long as race is one of many admission factors, it is used to remedy past findings of discrimination, or to promote the school’s diversity levels. This also allowed more diversity to be added to universities and this topic would be brought up once again in Grutter v. Bollinger (2003) where Bakke’s case requirements allowed the University of Michigan’s affirmative action program to pass through by having the interest of a diverse student body and giving significant but not determinative weight to its applicants’ race. ("The Supreme Court. Expanding Civil Rights. Landmark Cases. Regents of California v. Bakke

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The facts of the case stated that on August 2, 2009, Riley, who belonged to the one of the gangs of San Diego, California, and others shot at a rival gang member while driving past them. The shooters got into Riley’s car and drove away. Then, twenty days later on August 22, 2009, the police pulled Riley over driving a different car because of his expired license registration tags. They found that his driver’s license had been suspended. Police searched his car before impounding it. During the search, the police located two guns in the car and then arrested Riley for possession of said guns. Riley had his cell phone in his pocket at…

    • 527 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Relief Sought: Ted Chimel brought light to the fact that police officers arresting a suspect at that suspect’s home could not search the entire home without a warrant to search but may search just the area in the vicinity of that suspect…

    • 211 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Chimel v California (1969) was a landmark case that involved Officers armed with only an arrest warrant, enter Ted Chimel’s home and arrest him for burglary. The Officers decided to search his entire house in search of the stolen coins from the burglarized coin shop. They justified their search maintaining that it was to uncover evidence but that it was incident to arrest. Chimel was convicted and his appeal reached the U.S. Supreme Court; where they overturned the ruling stating that “the search of Chimel’s residence, although incident to arrest, became invalid when it went beyond the person arrested and the area subject to that person’s “immediate control” (Schmalleger, 2014). This case gave officers the authority to conduct a protective…

    • 211 Words
    • 1 Page
    Good Essays
  • Good Essays

    Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court, in which justice Rehnquist, CJ, joined and White, Blackmun, O’ Conner, Kennedy, and Souter, JJ, joined. Stevens, filed a dissenting opinion, in which Marshall, J., joined Procedural History: California v Hodari first proceeding were through the juvenile courts.…

    • 682 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…

    • 390 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…

    • 219 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    References: Maguire, M. Esq. (2011, January 24). Truth and consequences: navigating the minefield of references for dangerous former employees. Retrieved from http://www.diogenesllc.com/referencesarticle.pdf…

    • 1214 Words
    • 5 Pages
    Better Essays
  • Good Essays

    a member of a different gang driving by. They used Riley's car to get away and then left the car somewheres else. On August 22, 2009 they pulled Riley over while he was driving another car on an expired license registration tag. After Riley was stopped for this violation the officer seized and searched his phone without a warrant, he was arrested on weapon charges. The Riley v. California case was argued April 29, 2014 and decided on June 25, 2014.The main issue in this case was how the police officer searched his phone without a warrant then arrested him and if this action violated the fourth amendment. The fourth amendment clearly states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”.…

    • 529 Words
    • 3 Pages
    Good Essays
  • Better Essays

    On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated.…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Hence, in 1963, the case was repealed by Lovings stating that the judgment was in violation of the fourteenth amendment, but the state trail and the courts denied it signifying that the statues were constitutional. The state failing in their efforts the case was brought to the Supreme Court, Chief Justice Warren proceeding over the case re-opened in 1967 gave the final verdict that previous sentencing by the state was in violation of principal of equality. Then ordered that under the constitution the freedom to marry or not another person of a different race was an individual choice and was not for the states to decide. Accordingly, the limitation on admitting racial minorities placed by the Brown University a state funded university was also in violation of equal protection clause, which paved the way for Affirmative action in 1961 that requires equal access to education for underrepresented factions, such as women and…

    • 454 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?…

    • 813 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The 1964 Civil Rights Act made racial discrimination in public places, such as theaters, restaurants and hotels, illegal. It also required employers to provide equal employment opportunities. The Civil Rights act also stated that federal funding would not be given to segregated schools, which were banned in 1954. In the 1960's although many laws that supported segregation were declared unconstitutional, segregation continued to exist and increase more by the influence of custom than by…

    • 541 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Brown vs. Board of Education, in 1954, was a major case that dealt with the racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment. Although the decision did not succeed in fully integrating public education in the United States, it put the Constitution on the side of racial equality and sent the civil rights movement into a full revolution. This case was presented to the court by Oliver Brown was against the Board of Education to get equal opportunities in public education. The children in the African American schools received half the spends than that of the children in the white schools. There is no possibility that people can be seperate but also equal. This decision was right for two main reasons, that there was no way to have equality with segregation, and that it violated the Equal Protection Clause of the Fourteenth Amendment.…

    • 612 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Let’s take a closer look at the court case Grutter v. Bollinger. In this case, justices upheld the affirmative action policy that the University of Michigan had in place. In previous cases, colleges were allowed to consider race as a factor in the admissions policy. This is what is known as a precedent, which is defined as an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. In Grutter v. Bollinger, the members of justice decided to continue to allow race to be considered as a factor in the admission…

    • 1320 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Affirmative Action has occurred in several cases throughout the Americans history and the case that I will be referring to is Regents of the University of California v. Bakke. This case presents a challenge to the special admissions program of the Medical School of the University of California at Davis, which is designed to assure the admission of a specified number of students from certain minority groups (253). In 1973 and 1974, Allan Bakke, a white male, who applied twice to the Medical School of the University of California at Davis, was rejected even though his grade point average and MCAT scores were higher than most of the applicants. With the fact that applicants that were admitted with the special admissions program had lower scores, Bakke alleged that the Medical School's special admissions program operated to exclude him from the school on the basis of his race (258). This, he stated, violates his rights under the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause states that "No State shall…deny to any person within its jurisdiction the equal protection of the laws." The guarantee of equal protection cannot mean one thing when…

    • 1025 Words
    • 5 Pages
    Good Essays