Affirmative action in higher education: A legal analysis of the use of race as a factor in college admissions after Bakke

The purpose of this dissertation was to examine the legal status of affirmative action in higher education admission policies with regard to the use of race as a factor. This study answered these three questions:;What is the current status of the Regents of the University of California v. Bakke decision as a basis for assessing higher education admission policies? What legal benchmarks have emerged since the Bakke decision which may impact the development of university admission policies? What policies may achieve diversity in higher education admissions without incurring legal risks by using race and ethnicity in the admissions policies?;The significance of this study was found in examining the law cases concerned with affirmative action using race as a factor in higher education admissions policies. This study attempted to make it easier for educators to understand affirmative action and to be a resource guide with which higher education administrators may make informed decisions on the legal aspects of admissions policies; This dissertation used an analytical, qualitative research design. As a legal/historical analysis, it included search, selection and criticism of the sources, presentation of the facts and generalizations, and use of inductive case law analysis. Law cases were examined for their usage of Bakke as a precedent as to whether the opinions in Bakke were followed or criticized; The majority of the cases examined followed Bakke as a precedent. However, because of the legal risks taken when using race as a factor in college admissions, other avenues of promoting diversity in the student body were also explored