Gurumurthy Kalyanaram
Gurumurthy Kalyanaram -Director (NYIT), Lawsuit Policy
  • Blog
  • Research AT NYIT
  • Teaching AT NYIT

Gurumurthy Kalyanaram Reports on What should be the role of consideration of “race” as an element in admissions to US Colleges and Universities?

2/24/2014

0 Comments

 
Picture
This began with a lawsuit by Abigail Noel Fisher and Rachel Multer Michalewicz who applied to the University of Texas at Austin in 2008 and were denied admission. The two women, both white, filed lawsuit, alleging that the University had discriminated against them on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment.

Gurumurthy Kalyanaram discusses the current state of this vital public policy question on consideration elements to admission to universities and colleges.\

In answering this important question, the U.S. Supreme Court, in Fisher v. University of Texas, 133 S. Ct. 241, hasheld that due deference to the University’s experience and expertise regarding whether student body diversity is a compelling interest must be given, but the University also had to prove that the means it chose to attain that diversity were narrowly tailored to achieve its goal.   Based on its decision, the lawsuit was remanded to the Fifth Circuit. (Read : Gurumurthy Kalyanaram on Interpretation of Collective Bargaining Agreement (CBA))

The Supreme Court called for a strict scrutiny, without defining what that strict scrutiny meant.  The Court forcefully explained that meaningful strict scrutiny must always be applied to a college’s use of race, and added that a reviewing “court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity” (without discussing whether the word “workable” takes account of the university’s other educational goals — such as assembling a student body with good academic credentials.)   For now, the Court has not defined the thresholds and/or parameters of what might constitute strict scrutiny.

Overall, it appears that race-based affirmative action can continue.  As a result of all this, educational institutions remain more or less free to continue to do what they have been doing, provided they are more careful in their justification. 

0 Comments
 





Leave a Reply.

    Gurumurthy Kalyanaram

    Gurumurthy Kalyanaram is a highly cited teacher and scholar. Gurumurthy Kalyanaram has been a visiting scholar at the Woodrow Wilson International Center and a fellow for Russian and East European Studies Center. Gurumurthy Kalyanaram has also consulted with many universities globally. Gurumurthy Kalyanaram has consulted with American Airlines, General Foods, Raytheon TI Systems, Rockwell International, AT&T, International Data Corporation, Iridium, Sega, Texas Instruments Inc. and Booz-Allen and Hamilton.

    Archives

    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013

    Categories

    All
    Expert Witness
    Gurumurthy Kalyanaram
    Gurumurthy Kalyanaram Nyit
    Gurumurthy Kalyanaram Ut Dallas
    Lawsuit And Public Policy

    RSS Feed


    Gurumurthy Kalyanaram Lawsuit

    Gurumurthy Kalyanaram NYIT

    Gurumurthy Kalyanaram UT Dallas

    Gurumurthy Kalyanaram Lawsuit

    Dr Gurumurthy Kalyanaram

Powered by Create your own unique website with customizable templates.