Recent civilrightsprojectucla_cj items

Amicus Curiae Brief in Hancock v. Driscoll

Tue, 1 Nov 2016 00:00:00 +0000

This brief will focus on the racial disparities in academic achievement and will highlight the alarmingly low graduation rates of students in Massachusetts, which are referenced in Judge Botsford’s Report. We call the Court’s attention to a severe crisis, especially among poor and minority youth, including new research revealing that, for example, only 36 percent of Hispanic 9th graders graduate “on time” with a diploma. The research presented in this brief will show how racial isolation and poverty correlate highly with low graduation rates. This brief presents the dropout crisis to this Court as both a statewide phenomenon and as a formidable indicator of inadequate educational resources in the focus districts: Brockton, Lowell, Springfield and Winchendon. This brief will further describe how despite the appearance of progress on some measures, the gross inadequacy in education is evidenced by these low rates, especially as they pertain to disadvantaged youth in Massachusetts....

Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases

Tue, 1 Nov 2016 00:00:00 +0000

On June 23, 2003, the United States Supreme Court issued a ruling in Grutter v. Bollinger and upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education.

Statement of Nation’s Leading Constitutional Law Scholars on U.S. Supreme Court’s Affirmative Action Ruling

Tue, 1 Nov 2016 00:00:00 +0000

The undersigned scholars have created an independent assessment of the ruling in Fisher v. University of Texas, at Austin, announced June 24, 2013 by the U.S. Supreme Court. The statement hails the reaffirmation of the precedents of the last 35 years supporting affirmative action, and concludes that there is no reason for colleges to abandon their programs. The statement also advises universities that they will need to provide ongoing documentation of the reasons for their plan and that their consideration of race is carried out to the degree necessary to achieve diversity.

PICS: Statement of American Social Scientists of Research on School Desegregation Submitted to US Supreme Court

Tue, 1 Nov 2016 00:00:00 +0000

The body of research that has developed since the Court declared government-sanctioned school racial segregation unconstitutional in Brown v. Board of Educa- tion, 347 U.S. 483 (1954), supports three interrelated conclusions: (1) racially integrated schools provide signifi- cant benefits to students and communities, (2) racially isolated schools have harmful educational implications for students, and (3) race-conscious policies are necessary to maintain racial integration in schools.3 Amici submit that these research findings are relevant and supportive of the educational judgments that underlie the student assign- ment policies at issue in the instant cases.

Racially integrated schools prepare students to be effective citizens in our pluralistic society, further social cohesion, and reinforce democratic values. They promote cross-racial understanding, reduce prejudice, improve critical thinking skills and academic achievement, and enhance life opportunities for students...

Amicus Curiae Brief in University of Michigan Law School Admissions Case

Tue, 1 Nov 2016 00:00:00 +0000

The Sixth Circuit below correctly ruled that the applicable precedent in this case is Regents of the University of California v. Bakke, in which Justice Powell’s controlling opinion held that the promotion of educational diversity in higher education is a compelling governmental interest. This holding is supported both by research evidence introduced into the record in the district court and by a large and growing body of research literature that demonstrates the positive benefits of educational diversity for all students—minority and non-minority alike. Research evidence presented by the University of Michigan Law School, including an expert report by Professor Patricia Y. Gurin documenting the educational benefits of student body diversity, is substantial. Although the “strong basis in evidence” standard applied in remedial affirmative action cases is not mandated in this case, the substantial evidence offered by the Law School would satisfy this standard or any lesser standard....

Amicus Curiae Brief in University of Michigan Undergraduate Admissions Case

Tue, 1 Nov 2016 00:00:00 +0000

Consistent with Justice Powell’s controlling opinion in Regents of the University of California v. Bakke, the district court below correctly ruled that, as a matter of law, promoting diversity in higher education is a compelling governmental interest. This holding is supported both by research evidence introduced in the district court and by a large and growing body of research literature that demonstrates the positive benefits of educational diversity for all students—minority and non-minority alike. Research evidence in the record was unchallenged by Petitioners, who conceded the value of educational diversity at the summary judgment stage. The research evidence presented by Respondents, including an expert report documenting the positive effects of student diversity, is substantial, and the trial court’s findings of fact should be left undisturbed. Research studies show that student body diversity can promote learning outcomes, democratic values and civic engagement, and preparation...

The Research Basis for Affirmative Action: A Statement by Leading Researchers

Tue, 1 Nov 2016 00:00:00 +0000

CRP offers the following brief summary of major research findings to help university leaders and communities formulate plans and justifications that both satisfy the legal requisites of strict scrutiny and have a firm grounding in research.

Brief of 823 Social Scientists as Amici Curiae

Tue, 1 Nov 2016 00:00:00 +0000

Social science research strongly supports the Fifth Circuit’s conclusion that the holistic consideration of race in admissions is a necessary complement to the percent plan for UT Austin to further its educational mission. UT Austin has a compelling interest in creating a meaningful level of inclusion of students from different racial groups and generating rich diversity to dispel racial stereotypes and foster educational excellence.

A substantial body of rigorous social science research supports the Fifth Circuit’s conclusion that the extensive outreach and recruitment efforts UT Austin implemented to obtain racial diversity under the percent plan, on their own, have not been sufficient complements to the percent plan to achieve UT Austin’s educational mission. The claim that the percent plan is an effective alternative to a race- sensitive admissions policy relies on the Petitioner’s effort to problematically lump African American and Latino students into a single category,...

Brief of American Social Science Researchers in Fisher v. University of Texas

Tue, 1 Nov 2016 00:00:00 +0000

American social scientists from all parts of the country present a summary of research findings to the Supreme Court as it prepares to hear a key case, Fisher v. University of Texas at Austin, on the future of integration in America’s colleges this October.

http://civilrightsproject.ucla.edu/

Can also be found at: http://civilrightsproject.ucla.edu/research/college-access/affirmative-action/brief-of-american-social-science-researchers-in-fisher-v.-university-of-texas

Amicus Brief in Schuette Case

Tue, 25 Oct 2016 00:00:00 +0000

In this brief, the CRP does not address how social science research relates to the constitutionality of race-conscious higher education admissions policies, as the Court has already made its determination in Fisher v. Univ. of Tex., 133 S. Ct. 2411 (2013), Grutter v. Bollinger, 539 U.S. 306 (2003), and Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978). Instead, through the evidence provided in this brief, amicus seeks to ensure the constitutional guarantee of a fair political process under the Equal Protection Clause of the Fourteenth Amendment. Michigan’s Ballot Proposal 06-02 (Proposal 2) violates constitutional principles of equal protection by the way it selectively imposes burdens on advocates of constitutionally permissible race-conscious policies, while leaving to the ordinary political process advocacy on behalf of policies that consider any and all other factors.

Race-conscious policies not only promote better learning environments and outcomes for all students...

Revisiting Bakke and Diversity-Based Admissions: Constitutional Law, Social Science Research, and the University of Michigan Affirmative Action Cases

Tue, 25 Oct 2016 00:00:00 +0000

The decisions of the United States Supreme Court in two major cases – Gratz v. Bollinger and Grutter v. Bollinger – are expected to have broad effects on the future of race-conscious affirmative action in the United States.

The Impact of Racial and Ethnic Diversity on Educational Outcomes: Lynn, MA School District

Tue, 25 Oct 2016 00:00:00 +0000

The Impact of Racial and Ethnic Diversity on Educational Outcomes: Lynn, MA School District

Amicus Curiae Brief in Support of Louisvile School District

Tue, 25 Oct 2016 00:00:00 +0000

The District Court correctly upheld the constitutionality of the Jefferson County Board of Education’s student assignment plan (the “2001 Plan”). The court’s conclusion that promoting racial diversity and reducing racial isolation in the Jefferson County public schools are compelling governmental interests is well supported by both the expert testimony introduced at trial and numerous research studies documenting the benefits of racially integrated student bodies and the harms of racially segregated learning environments.

Among the many benefits that accrue from racial diversity in the student body are increased academic achievement, greater educational and occupational aspirations and success, improved cross-racial understanding, a stronger sense of civic engagement, and an increased desire and ability to live and work in settings with members of multiple racial groups. The school district and broader community also benefit from an increased ability to compete effectively...

Amicus Curiae Brief in Comfort v. Lynn School Committe

Tue, 25 Oct 2016 00:00:00 +0000

The district court below correctly upheld the constitutionality of the Lynn School Committee’s Voluntary Plan for School Improvement and the Elimination of Racial Isolation. In particular, the district court’s conclusion that promoting racial diversity and reducing racial isolation in the Lynn schools are compelling governmental interests is well supported by both the expert testimony introduced at trial and numerous research studies documenting the benefits of racially diverse student bodies and the harms of racially segregated learning environments. Among the many benefits that accrue from student body diversity are increased academic achievement, greater educational and occupational aspirations, more cross-racial understanding, a stronger sense of civic engagement, and an increased desire to live and work in settings with members of multiple racial groups. Among the harms associated with racial isolation and segregated learning environments are adverse effects on school attendance...

Statement on the Development of the Brief of American Social Science Researchers in Fisher v. University of Texas

Thu, 17 Jan 2013 00:00:00 +0000

On August 9, 2012, scholars from 172 universities and research centers in 42 states joined together in a brief summarizing key research on affirmative action for the U.S. Supreme Court in the context of the Fisher v. University of Texas case. The entire brief can be read here. For additional resources on the case, see Resources Related to Fisher v. University of Texas.

http://civilrightsproject.ucla.edu/