The fourteenth amendment states in the equal protection clause that states may not discriminate against any citizen for any reason, and must allow the same privileges, rights, and conservation. Hogan was on a mission to gain relief as well as compensation for the damages caused. The case was argued on March 22, 1982. The argument from Joe Hogan was proposed by advocate, Wilbur Colom. The petitioner’s side was presented by Hunter M. Gholson, in representation for Mississippi University for Women.
(Bryan-Vs-McPherson, 2009) In the lawsuit, Bryan claimed his Fourth Amendment violated, assault, and battery, and intentional infliction of emotional distress, a violation of California Civil Code 52.1, as well as failure to train and related causes of action. (Bryan-Vs-McPherson, 2009) Officer McPherson filed an appeal, but the judge denied his motion for summary judgment based on qualified immunity. (Bryan-Vs-McPherson, 2009)
Issue- Can race diversity be taken into account when deciding admissions to a public University? Previous History- Grutter believed that the University was in violation of the Fourteenth Amendment, and of the Civil Rights Act.
UT also did not show that their process (for how students were admitted) was necessary. 2. Merits/elements of Fisher v. UT-Austin Respondent University of Texas believes that their review about students is necessary as confirmed with the Fifth’s Circuit Court’s ruling. UT believes that race needs to be considered in the application process. UT’s core beliefs are boosting minority enrollment and creating a more diverse student body.
n the Supreme Court case University of California v. Bakke in 1978, Allan Bakke, a white applicant, was denied admission to the University of California, Davis Medical School because he was white, although he had great MCAT, GPA, and test scores he was denied twice, because the school was using “racial quotas” during admission and had “reserved 16 out of 100 seats in its entering class for minorities, including "Blacks," "Chicanos," "Asians," and "American Indians"’’("Regents of the University of California v. Bakke. " West's Encyclopedia). Bakke sued the University of California for using “racial quotas” as well as claiming that the schools admission processes was a violation of “Title VI of the Civil Rights Act of 1964 and the Fourteenth
In the case of Regents of the University of California v. Bakke, Allan Bakke a white male was rejected from regular admissions into California University. He was rejected twice; meanwhile, minority students with lower grade point averages were being admitted into the same school under a special admissions program. After his second rejection, Allan Bakke was very upset, so he filed a law suit to the Superior Court of Yolo County, California. He wanted the chance to be admitted into medical school through the special admissions program. The University said that their admissions program was important and it ought to be kept in the University.
The Supreme Court made a mistake when they decided with the University of Texas; no college should take in race as a factor when selecting applications of students. In 2007, two female high school students applied to the University of Texas; one of the girls being Miss Abigail N. Fisher. Abigail was a caucasian, in the top 12% of her school at Stephen Austin High School, but she was denied by the University of Texas along with a friend of her’s. However,
One of these precedents, Sullivan v. Little Hunting Park, Inc., was a case that stated a cause of action was present for retaliation for trying to stop discrimination against African Americans. Since suing for retaliation for standing up for a race is protected under the 14th amendment, why would it not be the same for gender? Other precedents used for Jackson v. Birmingham Board of Ed. include Cannon v. University of Chicago, Franklin v. Gwinnett County Public Schools, and Davis v. Monroe County Board of Ed. Cannon v. University of Chicago ruled that Title IX prohibits unlawful sex discrimination, Franklin v. Gwinnett County Public Schools ruled that suits for money loss resulting from discrimination are a right under Title IX, and Davis v. Monroe County Board of Education ruled that indifference about harassment by another student was intentional discrimination(Jackson v. Birmingham Board of Ed.).
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission
Jennifer Delahunty Britz’s article, “To All the Girls I’ve Rejected”, begins by explaining how her daughter was waitlisted at a college she was qualified to attend. Following this, Britz elucidates reasoning behind this, informing that colleges show bias towards male applicants. It soon becomes clear that many declined and waitlisted female applicants possess more capability than accepted males. In order to prevent this, admission committees should exercise a gender-blind admittance procedure. Britz, dean of admissions at Kenyon College argues that: “few of us…were as talented…at age 17 as this young woman.
In the case of Robert Jordan v. City of New London and Keith Harrigan, the plaintiff alleges that he was discriminated against based on his intellect. The Plaintiff Robert Jordan, a 46-year-old college graduate, with a degree in literature and interested in pursuing a career in law enforcement, took a written assessment with 500 other applicants on 16 March 1996, as part of a screening process for the position of police officer. The testing material used included the Wonderlic Personnel Test and Scholastic Level Exam referred to as “WPT,” which measures the cognitive ability of test subjects (2nd). This process was used to weed out the applicant pool, revealing the most qualified applicants based on test scores. The WPT test included recommended minimum and maximum test scores for various professions in the accompanying manual.
Race preferences in college admissions are mandated by the government. Certain race quotes must be met, or federal funding is reduced. The trend of government mandated quotas does not end there. We now are starting to see forced diversity quota hires/admissions with LGBT persons. In Canada compelled speech is forcibly enforced, so that one must call people by their preferred pronouns, even if they are biologically incorrect.
Senate Bill 1543 that became effective August of this year works to protect students who did not complete a typical high school program from being treated unfairly when being considered for admission to a university. A student who submits evidence of completing an education following the same standards, specifically including standards on standardized testing scores, than they must be equally considered as a student who did graduate from a public school. In order to determine this student’s would-be rank in a high school class if it is a factor in determining admission, the institution must decide that student’s rank based on the average graduating students rank with similar testing scores on the standardized test
However, there’s a certain perversion to admission policies like this, policies like UT’s “top 10” program. These policies leverage their racial diversity via neighborhood, and thus public high school, segregation. As Jamelle Bouie write in a Slate article on the
A Failed Quest: The Natural vs The Fisher King Every hero must go through the hero’s journey of departure, initiation and return. The hope for each hero, and the most common ending to stories using the monomyth, is that the hero succeeds and returns to the normal world with wisdom and freedom from the fear of death. However, what happens if the hero doesn’t defeat the great evil, or fails to rescue the princess? The novel, The Natural, seeks to answer this question through its’ loose adaptation of the Fisher King myth and its’ main character: Roy Hobbs.
