Review the three court cases listed in “supplemental materials”, Grutter v. Bollinger, Fisher V. University of Texas, or Podberesky v. Kirwan. Pick one court case and summarize the racial discrimination exhibited in the specific court case you selected. How could the Principle of Nondiscrimination work toward bettering the outcome of the case?

Topic:

Review the three court cases listed in “supplemental materials”, Grutter v. Bollinger, Fisher V. University of Texas, or Podberesky v. Kirwan. Pick one court case and summarize the racial discrimination exhibited in the specific court case you selected. How could the Principle of Nondiscrimination work toward bettering the outcome of the case?

Textbooks:

  • 978-1-118-03662-4

Read the following sections:

  • Section 7.2.4: The Principle of Nondiscrimination
  • Section 7.2.4.1: Race
  • Section 7.2.4.2: Sex
  • Section 7.2.4.4: Immigration Status
  • Section 7.2.5: Affirmative Action Programs

Fisher v. University of Texas

The parties involved cross moved for a summary judgment where the court granted the university. The court of appeal in the United States of America granted the university through a consideration of the deference action in the education programs. On the other hand, the university was favored through compelling interests and requirement by the university of diversity’s benefits and whether the goals of the university were being tampered with or not in the whole situation. In a nutshell, the petitioner was complaining about the issue of race discrimination on the admission desk which should not be the case across all the university on the globe. There have been several of those situations in the United States court of appeal through the regional analysis based on the race issue. Most of the university has some policy to admit only some people of a particular race in their institution and rejecting others who have come mainly for education (Texas Fisher v. University of Texas at Austin, 2013).

The principle of non-discrimination

The policy states that all persons shall before all the tribunal and the courts of law in any offense are equal irrespective of the race, class or gender (Bell, 2004). The principle implies that the essence of equality should be taken into consideration regardless of the situation. Therefore, based on the issue of the racial discrimination apprehended on above on the university admission of the students the petitioner should be taken to be equal for the hearing to take place effectively in the court of appeal. The first part is the fact that the person has the right to be treated equally as the rest of the races are treated in the society and this should be allowed to take place through the policies in our universities. The right to equal treatment is to be enhanced not only in the admission desk but also in the rest of the learning process (Conkle, 2009).

The second place is the site of hearing where the courts may perhaps look down upon the person based on the race and other factors that the university are basing their arguments on and making decisions (Kaplin & Lee, 2014). For the case to be valid, the courts in the United States ought to take the person like any other to issue the right judgment as other students from their race could be done. The rights of many have been derailed through the court process which has rendered to be without right as they face various problems due to the issue of race which has rooted deep in the mind of the society.

References

Conkle, D. O. (2009). Constitutional Law: The Education Clauses.

Fisher v. The university of Texas at Austin, (2013). 133 S. Ct. 2411, 570 U.S., 186 L. Ed. 2d 474.

Kaplin, W. A. & Lee, B. A. (2014). The law of higher education. (5th Ed., Student Version). San

Francisco: Jossey Bass. ISBN: 978-1-118-03662-4 Bell, D. A. (2004). Race, racism, and

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