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ARTICLE CONTENTS
[Pages 521-622]
TOP OF ARTICLE
Introduction
I. Tests, Admissions Standards, and Race
A. How African-Americans Fare on Standardized Tests
B. Why the Score Gap?
C. The Disputed Role of Standardized Testing
D. Returns on the Prohibition of Affirmative Action
1. Texas
2. California
3. Florida
E. What Are the Alternatives to Affirmative Action?
1. Top Percentage Plans
2. Do Nothing
3. Introduce Non-Racial Admissions Criteria by Which Blacks Fare as Well as Whites
4. Make Test Preparation Courses Available to Black Applicants
5. Improve Education of Black Students: Change Society
II. Principal Theories and Evidence for and Against Affirmative Action
A. Arguments for Affirmative Action
1. The Gap in Social Conditions Between Blacks and Whites
a. Isolation
b. Economic Status
c. Reactions of the Black Community
d. Closing the Gap by Affirmative Action
2. Diversity
3. Reparations and Societal Discrimination
B. Arguments Against Affirmative Action
1. Principle
2. Merit
3. Stereotypes and Stigma
4. Backlash
5. Dropout Rate
6. African-Americans Do Not Need Affirmative Action More Than Anyone Else
III. Regents of the University of California v. Bakke Is a Controlling Precedent
A. Justice Powell’s Opinion in Bakke Is the Holding
1. Bakke Has Not Been Overruled
2. The Strict Scrutiny Shoe Is on the Other Foot: Bakke Should Not Be Overruled
IV. Social Conditions as Compelling State Interest
A. Affirmative Action is Constitutional as a Means of Correcting
Social Conditions
1. Strict Scrutiny
2. Compelling Governmental Interest
3. Narrow Tailoring
B. The Confluence of Bakke and Social Conditions Theory
Postscript
Appendix
Appendix A: African-American First Year Entering Students at University of Texas Schools
Appendix B: African-American First Year Entering Students at University of California Schools
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