This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this chapter will review current affirmative action case law. Close attention will be paid to emerging legal distinctions essential to an accurate application of affirmative action principles in the future. Within this section, close attention will be paid to current controversies such as California Proposition 209 (the state constitutional amendment which outlaws the use of affirmative action), Hopwood v. State of Texas (nonminority students who challenged a law school's affirmative action admissions program), and Taxman v. Board of Education of the Township of Piscataway (a teacher's challenge to a school board's affirmative action plan of retaining minority teachers over nonminority teachers in regard to layoff decisions). The last section will explain the Ohio Experience with affirmative action.
Jack P. DeSario, Thomas L. Colaluca, and Gina A. Kuhlman,
The Future of Affirmative Action: The Legal Imperative Nationally and the Ohio Experience,
46 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol46/iss4/7