Preview

Case Study: Fisher II V. The University Of Texas

Better Essays
Open Document
Open Document
2122 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Study: Fisher II V. The University Of Texas
On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated. …show more content…
The continuation of the application of affirmative action in the labor market. “Affirmative action is one of the most controversial government interventions in the labor market since the abolition of slavery.”(Jonathan Leonard) Affirmative action pertaining to the labor market takes a very different stance. Under Executive Order 11246 (part of the Civil Rights Act), “ you are not to discriminate against any employee because of race, color, religion and sex, as well as take affirmative action to ensure that there is a diversity of employees”. The contradiction of this statement is astonishing, and to have that nailed in the coffin known as our Constitution, is the ultimate blow on the use of this policy in the workplace. The fact that we must not consider race, but consider it in terms of diversity is overall a confusing concept and forced employers to establish ‘quotas’ to meet racial goals. This is very beneficial for white collar or craft jobs, where employers are hesitant to hire minorities or women because they do not believe they can handle the burden of the job. This maybe one of the only circumstances where federal pressure is advantageous, and statistics show that establishments are growing to give more job openings specially for african americans, hispanics and other minorities, decreasing its 89% white-hiring percentage. The effects of these kinds of policies are significant on a 99% confidence level or better, and have resulted in better representation in establishments(especially minority females) and also benefit companies in their own employment growth. However, these job openings are mainly in unskilled positions reducing the production of specially-skilled members of society, and basically producing only white specialties. Studied by Ashenfelter and Heckman(1976), taking african americans as an
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Case Study: Abagail Fisher V. Texas
    • 418 Words
    • 2 Pages

    Case Study: Abagail Fisher V. Texas

    Abagail Fisher, a white female, applied for admission into the University of Texas. She was denied entrance because she did not qualify for Texas' Top 10 Percent Plan. This plan guarantees entrance to the top ten percent of every graduating high school class in Texas. Miss Fisher sued the University of Texas because she claimed that the use of race in admissions to the college violated the Equal Protection Clause from the 14th Amendment. The case made it all the way up to the Supreme Court which came to a final verdict. The University of Texas could use race as a plus factor when considering admissions. This use of race as a plus factor promotes diversity and therefore satisfies strict scrutiny.…

    • 418 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Abigail Fisher Case Summary
    • 92 Words
    • 1 Page

    Abigail Fisher Case Summary

    Abigail N. Fisher, a Caucasian female, applied for undergraduate admission at the University of Texas in 2008. The university denied Fisher’s application.…

    • 92 Words
    • 1 Page
    Good Essays
    Read More
  • Satisfactory Essays

    Annotated Bibliography: The Liberals Against Affirmative Action
    • 309 Words
    • 2 Pages

    Annotated Bibliography: The Liberals Against Affirmative Action

    This article sheds light on the last affirmative action case which was 10 years ago. The article goes into detail about the 13 page dissent that Justice Anthony M. Kennedy issued after the ruling. The article also talks about whether or not colleges should be allowed to take race into consideration so that they can have diverse classes.…

    • 309 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Uc Regents vs Bakke Case Brief
    • 344 Words
    • 2 Pages

    Uc Regents vs Bakke Case Brief

    FACTS/BACKGROUND: Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.…

    • 344 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Case Study: Abington Township V. Schempp
    • 4656 Words
    • 19 Pages

    Case Study: Abington Township V. Schempp

    Problem: Jennifer Gratz was denied the admission to University of Michigan’s College of literature, due to her race. The Supreme Court concluded that the denial was unconstitutional based on the Equal Protection Clause of the Fourteenth Amendment, and Title VI Civil Rights Act because it wasn’t narrowly tailored. They set the precedent that colleges can’t subtract points from admission due to race, because it violates the Equal Protection Clause. Decided that same year another girl named Barbara Grutter was denied the admission to University of Michigan Law School, due to her race as well. The Supreme Court decided that the University didn’t violate the Equal Protection Clause because the clause doesn’t forbid the Law school’s use of race as a factor in admissions in order to have a more diverse student…

    • 4656 Words
    • 19 Pages
    Good Essays
    Read More
  • Good Essays

    How Do You Think Slavery Influenced the Evolution of Both Black and White America Today?
    • 4246 Words
    • 13 Pages

    How Do You Think Slavery Influenced the Evolution of Both Black and White America Today?

    In an effort to fairly employ various ethnic groups and not by bias overlook qualified applicants, Affirmative Action was developed. Some believe this law has restricted fair hiring and the tables have turned to meet quotas rather than actually hire the best, qualified applicant.…

    • 4246 Words
    • 13 Pages
    Good Essays
    Read More
  • Better Essays

    Title IX Case Study
    • 1783 Words
    • 8 Pages

    Title IX Case Study

    In the lawsuit “Cohen v. Brown University,” the president and athletic director of Brown University were being charged due to discrimination against women in the grounds of intercollegiate athletics program. For many schools, men’s football program far exceeds the budget and receives many more sources than any other men’s program in most universities. The law came to existence in response to Brown University cutting off the women’s gymnastics and volleyball teams from university-funded varsity status to donor-funded varsity status, in May 1991. Simultaneously, men’s water polo and golf teams were also cut off and in consequence, their lost not only the university’s funds but all other privileges and benefits from Brown’s. “After hearing fourteen days of testimony, the district court granted plaintiffs’ motion for a preliminary injunction ordering that the women’s gymnastics and volleyball teams be reinstated to university-funded varsity status, and prohibiting Brown from eliminating or reducing the status or funding of any existing women’s intercollegiate varsity team until the case was resolved on the merits” (Thornton, 2011, p.512). Brown had initially 120 days to submit a plan to comply with Title IX, but failed in doing so and the district court modified the order to 60…

    • 1783 Words
    • 8 Pages
    Better Essays
    Read More
  • Good Essays

    Affirmative Action: Regents V. Bakke (1978)
    • 436 Words
    • 2 Pages

    Affirmative Action: Regents V. Bakke (1978)

    1) Thesis statement: Affirmative action is a necessary tool to address past discrimination, promote diversity, and ensure equal opportunities in education and employment, despite recent challenges. 2) Necessary Background Information: Understanding President Kennedy's Executive Order 10925 in 1961 and legal rulings such as Regents v. Bakke (1978) is crucial to comprehending what surrounds this issue. Affirmative action stemmed from President Kennedy's Executive Order 10925 in 1961 and this executive order aimed to eliminate discrimination in employment practices “without regard to their race, creed, color, or national origin (Professor Stone Lecture Slides).” It marked a significant step towards addressing systemic inequalities in the workforce, particularly for marginalized groups who faced discrimination and exclusion. Then following Executive Order 10925, one landmark case that shaped affirmative action policies in education was Regents v. Bakke in 1978 and in this case, the Supreme…

    • 436 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Kim Abreu's Arguments Against Affirmative Action
    • 1146 Words
    • 5 Pages

    Kim Abreu's Arguments Against Affirmative Action

    When many think of affirmative action, they think of replacing a member of the majority population with someone of the minority population. However, in actuality, programs that involve the firing of white workers or in some way “unduly trampled on the interests of white workers” are considered unlawful (“Affirmative Action,” n.d.). The argument against quotas is another one commonly used by people against affirmative action programs. However, this again is one that stems from a misunderstanding of what a lawful affirmative action program entails.…

    • 1146 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    What Is Fisher V. University Of Texas Concept Of Diversity
    • 1170 Words
    • 5 Pages

    What Is Fisher V. University Of Texas Concept Of Diversity

    Fisher v. University of Texas case main issue is the automatic admission of the top 10% of the high school class has the effect of privileging moderately bright students at a school full of poorly performing students over moderately bright students at schools full of excellent performers. Diversity is not a word that alone stands for concept of race. Rather the concept of diversity should be applied in regard to race, gender, and income. At an essential level colleges and courts should look at the importance of diversity in regard to the applicant's character, which is shaped and developed by their culture and experience. Then otherwise admit members of that group into colleges and universities.…

    • 1170 Words
    • 5 Pages
    Better Essays
    Read More
  • Better Essays

    Kennedy's Arguments Against Affirmative Action
    • 1268 Words
    • 6 Pages

    Kennedy's Arguments Against Affirmative Action

    One concept that continues to be a hot-button issue throughout America's history, as well as in present-day is affirmative action. Affirmative action, at its root base, is defined as the favoring of a group of people based on previous discrimination and disenfranchisement throughout history. Specifically, affirmative action plays an integral role in the admission of disadvantaged minorities into a vast number of schools, organizations, and occupations. Moreover, a new conflict has arisen regarding affirmative action: whether or not the criteria should shift from race, gender, and ethnicity, to class and poverty. From a non-minority's perspective on the controversial issue of affirmative action, one could make the argument that affirmative…

    • 1268 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Supreme Court Case Analysis
    • 580 Words
    • 3 Pages

    Supreme Court Case Analysis

    The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action, a “longstanding but fragile societal compromise, one that forbids quotas but allows using race as one factor among many in the admissions process” (Laptik). Both articles discussed in length the constitutionality of the race-based admissions process as well as explaining the Supreme Court’s position on the matter. The justices made statements that explained that the admissions programs must be subject to strict scrutiny where the it can be determined that classification based on gender, race and ethnicity occurs for the sole purpose of creating a diverse student population. The programs that use affirmative action in public universities are being scrutinized to ensure that their methods are a means to an end and serve to create diversity only. This issue will come before the Supreme Court again in the future and there will most likely be a more permanent ruling on the matter.…

    • 580 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Affirmative Action Analysis 18
    • 726 Words
    • 3 Pages

    Affirmative Action Analysis 18

    Should a man be hired for his skills or for the color of his skin? Is racial diversity in the business world more important then the most qualified workers? Affirmative action has become an important topic in today 's society to better diversify the different races in America. Affirmative action is a set of public policies that were designed for the elimination of discrimination toward race, color, sex, etc. These policies are under attack today because of the unfairness toward the more qualified people. Increasing opportunities for a minority that has suffered past discrimination is the cause for affirmative action, and for the reverse discrimination toward the majority. Many people view discrimination toward one race today to compensate for the discrimination of another race in the past as unfair. This reverse discrimination is unfair treatment toward the majority. Affirmative actions are policies created to give preferential treatment to the discriminated, but also discriminate as well.…

    • 726 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Discrimination During The 1960's
    • 1310 Words
    • 6 Pages

    Discrimination During The 1960's

    Introduction During the 1960’s, there was a significant disparity between the amount of minority and female representation in the workforce versus the amount in the American population. In an attempt to correct this disparity, President John F. Kennedy enacts Executive Order 10925 which causes for an aggressive hiring of minorities by the federal government (Chrisman, 2013). Consequently, over-time, the civil rights movement as well as current laws and Supreme Court decisions greatly expand the idea of affirmative action well beyond the idea of what President Kennedy had envisioned it to be. For the minorities of America, affirmative action came to be known as a struggle against racism and racist practices (Chrisman, 2013).…

    • 1310 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Good Essays

    Diversity In Colleges
    • 968 Words
    • 4 Pages

    Diversity In Colleges

    Referring to the court case Fisher v. University of Texas, Jason L. Riley—in his article, “Scalia Was Right About Race Preferences”—mentions evidence brought to light by a Justice involved in the case. Riley states, “racial preferences can handicap some black students by placing them in elite schools where they don’t have the same credentials of the average student and struggle academically” (Riley 1). Due to the fact that the aforementioned students were admitted because of their race—rather than their merit and prior education—they find the higher-level academics extremely challenging. The students are wholly unprepared for the work ahead of them, due to their relatively limited primary education, when compared with the education of their more privileged peers. Further evidence of this disparity between the education of students admitted under affirmative action, and students who were not, is displayed in Martin Trow’s paper, “Preferential Admissions in Higher Education”. When speaking about the advantage given to minority students in admissions he states, “The average black student admitted, for example, had SAT scores 250-300 points lower than his or her white and Asian classmates and a substantially weaker high school grade record as well” (Trow 295). Despite the unsatisfactory scores received from African…

    • 968 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics