ipl-logo

Persuasive Argument Analysis

320 Words2 Pages
bulb-icon

Recommended: Importance of diversity in education

The most persuasive argument for the petitioner is that UT’s rationale for the use of race lacks the requisite clarity to survive the application of strict scrutiny. Since the case of Brown v. Board of Education of Topeka in 1954, the Equal Protection Clause demands that racial classifications are to be subjected to the most rigid scrutiny. Therefore, when government decisions take into account race it must serve a compelling government interest. The petitioner’s least convincing argument is that UT’s consideration of face is too modest to be constitutional. Race is supposed to have a modest impact and holistic and individualized which was approved in the Grutter and Bakke cases. The first question I would ask the petitioner is whether or not she believes she would have been admitted to UT’s Fall 2008 class if she were a minority. I would also ask her what restitution she is seeking if the Court rules in her favor. …show more content…

The petitioner’s requested relief would not redress the damage that she allegedly suffered from UT-Austin. The petitioner requested declaratory and injunctive relief which would have redressed her alleged injuries when she was still interested in UT, but her request became debatable when she graduated from LSU in 2012. The petitioner could have brought a class action for future applicants, but she did not. (Gratz v. Bollinger) On the other hand, the respondents least compelling argument is that UT has asserted a compelling interest in considering race. Before the petitioner filed the lawsuit against UT, they never bothered to clearly state their compelling interest in educational diversity with clarity. (Regents of Univ. of Cal. V. Bakke) I would ask how taking race into account promotes diversity. Then, I would ask what the educational benefits of diversity are. In conclusion, I do not have any alternatives for either party in this

Show More
Related

Bakke V. California Davis Medical School Case Study

601 Words | 3 Pages

SUMMARY In this landmark case Allan Bakke, a white applicant to the University of California, Davis Medical School, sued claiming his denial of admission on racial grounds was a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The standing rule at the time was that race may be a factor in determining admission to educational institutions; however it cannot be the sole determining factor. FACTS OF THE CASE The University of California, Davis Medical School had been reserving 16 spots in each class out of 100 for disadvantaged minorities.

Read More

Lum V. Rice Case Study

1170 Words | 5 Pages

Notаbly absent from the opinion, as it was in Plessy, is any citаtion to a Supreme Court cаse that considered whether the prаctice of segregating schools was a violation of the Fourteenth Аmendment. It was an open question for the Court. The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."

Read More

Supreme Court Case Study: Fisher V. Texas

858 Words | 4 Pages

The Supreme Court made a mistake when they decided with the University of Texas; no college should take in race as a factor when selecting applications of students. In 2007, two female high school students applied to the University of Texas; one of the girls being Miss Abigail N. Fisher. Abigail was a caucasian, in the top 12% of her school at Stephen Austin High School, but she was denied by the University of Texas along with a friend of her’s. However,

Read More

Due Process Hearing Case Study

473 Words | 2 Pages

Petitioner, Triniti T. (“Student” or “Petitioner”) filed her initial request for due process hearing (“Beaumont I”) on February 24, 2014. In the request, Petitioner alleged that the District denied Student a free, appropriate public education (“FAPE”). A hearing was held on June 24-26, 2014 and a Decision following due process hearing (“Decision”) was issues on August 28, 2014. The Decision found that Petitioner had met her burden in proving that the District failed to provide Student with a FAPE in specific areas and the Petitioner was entitled various relief including, but not limited to specific prospective placement, services, assessments, training, devices/equipment for the remainder of the 2014-2015 school year; program development for the 2015-2016 school year, and reimbursement

Read More

Why Was Brown V Board Decided Back In 1950s?

765 Words | 4 Pages

WaiTo Wong Polsc 1 Prof. Uranga 8/7/2014 Was Brown v Board decided correctly? Back in 1950s', African American children were rejected admission to normal public schools which are attended by white children, under laws requiring or allowing segregation towards to the races. Linda Brown who is the main character in this event, she was born in Topeka, Kansas. Despite the fact she grew up in a ethnically diverse neighborhood, she was still forced to go to a school which need an hour time to reach instead of going to a school which was four blocks away from her house. Back at that time Topeka's schools are being segregated by races.

Read More

Plessy Vs Ferguson Research Paper

688 Words | 3 Pages

In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission

Read More

Texas Supreme Court Case Study

900 Words | 4 Pages

Therefore, the issue pertaining to students with learning disabilities was thrown out in relation to this particular case. • The state Supreme Court, in addressing the ill fitting correlation drawn in Stamos’ citation of Bell v. Lone Oak Independent School District as an explanation of how students have a fundamental right to participate in extracurricular activities, stated that correlations between the fundamental right of marriage and this case could not be aligned. • The state Supreme Court also stated that due to the facts the rule did not infringe upon any fundamental rights nor did it create/burden a suspect class, that it did not violate the equal protection guarantees of the Texas Constitution. • Citing Board of Regents v. Roth, 408 U.S. at 577-78, 92 S. Ct. 2709

Read More

Oliver Brown Vs Board Of Education In The 1950's

805 Words | 4 Pages

Will Goldman Mrs. Guinn ELA9: Hour 1 20 Feb. 2017 In the 1950’s there was a large problem in the United States education system coming to a head in Topeka, Kansas. The segregation of the school system in Topeka, Kansas caused Mr. Oliver Brown's daughter to not be eligible to attend the school just a few blocks from their new home. Soon what had started as a local court hearing gained momentum as Brown’s case was heard nationwide. Starting in the mid 1950’s Oliver Brown wanted the desegregation of the Topeka school system.

Read More

Grutter V. Bollinger Essay

1526 Words | 7 Pages

Grutter V. Bollinger Research Paper 2 Abstract Barbara Grutter (plaintiff) which is a resident of Michigan who was denied admissions into the University of Michigan Law School. Lee Bollinger (defendant) was president of the University of Michigan. Grutter filed this suit because the University had discriminated against the basis of race. Supreme Court ruled that the use of affirmative action in school admissions is constitutional if it treats race as some factor.

Read More

Social Welfare Programs In The 1950's

940 Words | 4 Pages

Although the roots of this movement date as far back as the 1900s, the legacy of the African American’s role in World War II sparked the catalyst needed to promote the legislation that eventually led to their equality. “On May 17, 1954, The Supreme Court announced its decision in the case Brown v. Board of Education of Topeka” (Brinkley 772). This regulation overturned the Supreme Court’s earlier decision in the Plessy V Ferguson case. The separate but equal doctrine was a prime example of domestic policy that did not uphold the government’s constitutional promise to promote the general welfare of society-to include all that fall under the definition of an American citizen. The affliction put on children who had to travel to segregated public schools placed an unequal burden and damage done to those who it pertained to.

Read More

Brown Vs. Board Of Education: School Desegregation

823 Words | 4 Pages

er Awad Professor Muse SCMA 323: Business Law November 16, 2016 Brown vs. Board of Education: School Desegregation Brown vs Board of Education was one of the biggest cases ever brought upon the Supreme Court and on May 17, 1954, it was unanimously ruled that the segregation of races within public schools was unconstitutional. In fact, at the time of the case, over thirty three percent of public schools were lawfully segregated by race and the court had to decide between the racism within the United States. Dating back to the Civil War time, the United States declared its independence from England with a document known as the Deceleration of Independence; in this document it is stated “all men are created equal,” and this was definitely not

Read More

Strauder V. West Virginia

1905 Words | 8 Pages

In the case of Strauder v. West Virginia, an African American man challenged the state’s law that only whites could serve in jury duty, saying that it was unconstitutional to the 14th Amendment, but the court ruled that states could choose to exclude any person from serving on a jury, even if that reason was simply because they were not white (Strauder v. West Virginia). From this decision, it is clear that, even after the passing of the 14th Amendment, many, if not most court judges thought that African Americans were inferior, intellectually and morally, to white men, and still held that equal participation in the government should not be possible. The denial of African Americans from serving their country, through their local courts, in the same capacity as white people was a chief reason for the continual contention that was had with state governments, especially those that were disinclined to allow civil rights to African Americans, and court appeals for violation of rights seemed to be the most effective way to induce the equality of the races, or at least to make people aware of the social injustice. One of the most famous examples of the push against discrimination was the landmark Brown v. the Board of Education, a consolidation of four cases from four states against the state government for the laws against African Americans children from attending “whites only” schools violating the Equal Protection Clause of the Fourteenth Amendment (Brown v. Board of Education). The idea of schools that educate students of different races was not a frontrunning issue in America’s sociopolitical eye until the eve of the Civil Rights Movement, and although the Fourteenth Amendment protects the rights of American citizens to enjoy equal institutions, the

Read More

Liberal Arts Argumentative Analysis

991 Words | 4 Pages

With the year-round pressure pertaining to college applications on high school seniors follows the impending decision of choosing an appropriate college major. Generally, the decision-making process involves prioritizing one field of interest over another, however, due to globalization and constant innovation in technology determining a college major has increasingly become the modern day equivalent of the metaphorical line between life and death. Even so, the obvious choice would be the prestigious STEM fields over liberal arts due to the instant job opportunities which are seemingly ludicrous to a recent graduate. Nevertheless, liberal arts education should be encouraged to be pursued at higher education institutions in USA because it helps

Read More

Essay On Racial Integration Of Schools

1189 Words | 5 Pages

The decision behind Brown versus Board of Education is bigger than a “won case “but a case that helped Americans realize interaction, companionship, and learning in a school setting among different races is detrimental and effective. The theory behind the concept was for Americans to change bias thought processes of race and notice success and academic goals is not associated with skin color. For generations to come, it is our responsibility now to reverse racial desegregation not only in schools but everywhere. Brown versus Board of Education was the stepping stone for many to take action. We must continue to

Read More

Argumentative Essay On Racial Equality

1734 Words | 7 Pages

Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973).  Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing

Read More

More about Persuasive Argument Analysis

Related Topics

Open Document