Regents of the University of California v. Bakke
Teaching Recommendations Based on Your Time

If you have one day . . .
  • As an introduction to the case, have the students complete the activity titled "You Decide: Who Should be Admitted?" Discuss responses and read the appropriate case background and answer the questions.

  • " For homework, have students read the Court's opinion and answer the accompanying questions.
If you have two days . . . If you have three days . . . If you have four days . . .
  • Complete all of the activities suggested for the first, second and third days.

  • Have students read and react to the following selection:

    "An Ode to Justice Lewis F. Powell, Jr.: The Supreme Court Approves The Consideration of Race as a Factor in Admissions by Public Institutions of Higher Education" "


  • In a follow-up discussion, focus on the following: "Justice O'Connor expressed the hope that twenty-five years from now race-conscious admissions will not be necessary." Do you agree or disagree?

  • Explain to students that although the Michigan affirmative action cases held that certain forms of affirmative action policies are permissible under the Fourteenth Amendment, the Constitution does not compel the use of race as a factor in admissions to promote diversity. Prior to the Michigan cases, several states had moved toward race-neutral admissions policies. Have students examine the article The Race Neutral Admissions Race and consider reasons for the problems that race neutral policies have encountered. Ask students: Are there alternatives to affirmative action admissions policies that may promote diversity in higher education? If so, what are they?
Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

• • •
Reading Level
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Reading Level
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Reading Level
 
Diagram of How the Case Moved Through the Court System
 
Listen to the Oral Arguments
 
Key Excerpts from the Opinion
 
Full Text of the Opinion

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Activities
    The Case
You Decide: Who Should Be Admitted?
 
Classifying Arguments in the Case
 
A Comparison of the University of California at Davis' Admissions System to that of Harvard
 
Background Information on Affirmative Action from the Affirmative Action and Diversity Project

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    After the Case
The Court Revisits Bakke 25 Years Later: The Michigan Affirmative Action Cases
 
Drawing Mixed Reactions: Political Cartoons in Response to the Michigan Affirmative Action Cases
 
The Race Neutral Admissions Race
 

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Additional Resources

Split Decision on Affirmative Action
 
An Ode to Justice Lewis F. Powell, Jr.: The Supreme Court Approves the Consideration if Race as a Factor in Admissions by Public Institutions of Higher Education
 

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