State Opens Inquiry: Illinois Officials Takes Up Bollinger Baby’s Case.” New York Times, Nov. 25, 1915. But the judge ruled that while the design differences may appear significant to some specialists, they “may be unimportant, or may not even register, with average consumers.” Clear Baby’s Doctor: Six Physicians on Coroner’s Jury Make Report.” Washington Post, Nov. 20, 1915. Past Presidents of the University of Michigan; "Past Presidents | Office of the President". Archived from the original on April 9, 2015 . Retrieved April 8, 2015. Q &A With Jonathan Feingold BU Today: Can you define affirmative action, one of the most important terms that we’re going to be talking about? And explain how the practice factors into these two cases before the Supreme Court?

When the Law School denied admission to petitioner Grutter, a white Michigan resident with a 3.8 GPA and 161 LSAT score, she filed this suit, alleging that respondents had discriminated against her on the basis of race in violation of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. § 1981; that she was rejected because the Law School uses race as a “predominant” factor, giving applicants belonging to certain minority groups a significantly greater chance of admission than students with similar credentials from disfavored racial groups; and that respondents had no compelling interest to justify that use of race. The District Court found the Law School’s use of race as an admissions factor unlawful. The Sixth Circuit reversed, holding that Justice Powell’s opinion in Bakke was binding precedent establishing diversity as a compelling state interest, and that the Law School’s use of race was narrowly tailored because race was merely a “potential ‘plus’ factor” and because the Law School’s program was virtually identical to the Harvard admissions program described approvingly by Justice Powell and appended to his Bakke opinion. The lawsuit goes on to suggest that Munro’s lead designer Ross Compton — who formerly worked as a designer with Bollinger — violated a Mutual Nondisclosure Agreement (MNA), essentially stealing trade secrets when he began working with Munro. The basic logic here is you identify sources of exclusion. That could be something like racism, it could be something like sexism, and then you capture them. You know that sexism matters, and so you account for it by attending to gender. And so that’s one reason why white women, just descriptively, are arguably the biggest beneficiaries of affirmative action. the Fifth Circuit had misinterpreted Grutter v. Bollinger (2003; see Bollinger decisions) in giving deference to the university’s judgment that each applicant was evaluated as an individual and that its consideration of race was “necessary” to achieve the educational benefits of diversity. After the Fifth Circuit reexamined the policy in…

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Established the necessary criteria for the referral of a domestic case to the European courts. Facts On April 1, 2003 the US Supreme Court heard oral arguments for Grutter. The Court allowed the recordings of the arguments to be released to the public the same day, only the second time the Court had allowed same-day release of oral arguments. The first time was Bush v. Gore, 531 U.S. 98 (2000), the case that ultimately ended the 2000 presidential election. In sum, the University of Michigan cases make clear that promoting diversity in higher education can justify race-conscious admissions policies when they are carefully designed and consider race as part of a flexible and individualized review of all applicants. Bollinger is seeking a preliminary and permanent injunction to prevent Munro from, as it sees it, infringing on Bollinger’s trademark designs, and for Munro to immediately cease using direct and indirect knowledge of Bollinger’s designs for professional gain.

Bollinger Baby Inquiry: Illinois Authorities May Prosecute Doctor Who Refused to Operate.” New York Times, Dec. 10, 1915. The company also claims that Compton “without permission or authorization, retained Bollinger intellectual property and other materials… and disclosed such materials to Munro in violation of the Mutual Nondisclosure Agreement.” Summary judgment granted in part to plaintiffs, 122 F. Supp. 2d 811 ( E.D. Mich. 2000); Summary judgment granted to plaintiffs, 135 F. Supp. 2d 790 (E.D. Mich. 2001); consolidated on appeal with Grutter v. Bollinger before en banc court, 277 F.3d 803 (6th Cir. 2001); cert. before judgment granted, 537 U.S. 1044(2002).In the majority were Justices O'Connor, Stevens, Souter, Ginsburg, and Breyer. Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas dissented. Much of the dissent concerned a disbelief in the validity of the law school's claim that the system was necessary to create a "critical mass" of minority students and provide a diverse educational environment. In the dissent, Chief Justice Rehnquist used admissions data to argue that unconstitutional discrimination occurred, despite the precedent set in McCleskey v. Kemp that dismisses statistical racial disparities as doctrinally irrelevant in equal protection claims. [5] [6] I therefore can understand the imposition of a 25-year time limit only as a holding that the deference the Court pays to the Law School's educational judgments and refusal to change its admissions policies will itself expire. At that point these policies will clearly have failed to "'eliminate the [perceived] need for any racial or ethnic'" discrimination because the academic credentials gap will still be there. [citation omitted] The Court defines this time limit in terms of narrow tailoring, [internal citation omitted] but I believe this arises from its refusal to define rigorously the broad state interest vindicated today. [internal citation omitted]. With these observations, I join the last sentence of Part III of the opinion of the Court. Justify Doctor’s Act: Chicago Officials Hold Autopsy Over Bollinger Baby.” Washington Post, Nov. 19, 1915. e) Because the Law School’s use of race in admissions decisions is not prohibited by Equal Protection Clause, petitioner’s statutory claims based on Title VI and §1981 also fail. See Bakke, supra, at 287 (opinion of Powell, J.); General Building Contractors Assn., Inc. v. Pennsylvania, 458 U.S. 375, 389—391. Pp. 31—32.

The Court reasoned that the Law School’s goal of student diversity was a compelling interest. Also, the Court found that the Law School’s individual review of each applicant (where race was only one of many factors) was narrowly tailored to achieve that compelling interest. The University of Michigan Law School denied Barbara Grutter’s application to the School. Grutter, a white Michigan resident, then sued the Law School. Were [Chief Justice John] Roberts writing the opinion, I would expect this sort of ruling—because it appears less radical, even if it effectuates the same result. But given the disdain for precedent we saw from the right-wing justices last term, I expect that five justices will overturn the Supreme Court’s well-established precedent that race-conscious admissions processes are permissible if holistic in nature and employed to promote student body diversity. Hurrah for Dr. Holt: Dr. Haiselden Endorses Action of New York Specialist.” New York Times, Nov. 25, 1915.Feingold, Jonathan (2019). "Hidden in Plain Sight: A More Compelling Case for Diversity". Utah Law Review. 2019 (1): 59. After reading about the legal dispute between Bollinger and Munro, you might be interested in Electrogenic’s electric conversion kit for the Land Rover Defender