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Policy evokes legal questions

In light of recent debates over using race as a factor in the admissions process, University faculty members and administrators are trying to weigh the legal aspects and court precedents governing the issue.

Although Board of Visitors member Terence P. Ross said using race as a factor in admissions is illegal, Julian Bond, National Association for the Advancement of Colored People chairman and University lecturer, said Ross is misinformed.

"The United States Supreme Court, in Regents of the University of California v. Bakke [1978], expressly permitted the use of race as a factor in deciding university admissions," Bond said.

The Bakke decision is the subject of much dialogue among leading law scholars, said John Jeffries, acting School of Law dean.

"Technically the controlling precedent is Bakke," Jeffries said. "But no one can give a definite answer" as to what the actual law is.

He said the discrepancy arises because of recent court cases in Texas and Michigan that possibly challenge the validity of Bakke.

He added these decisions predict that Bakke may be overturned.

"No informed lawyer would give a confident answer either way" about what the prevailing law is, Jeffries said.

Bond, however, maintains the University should continue using race as a factor in admissions.

"Bakke remains the law of the land today," he said.

"The University's present admission policies were designed to overcome white privilege, and unless there is some evidence that white privilege has vanished, then present policies must continue."

Charlottesville attorney Lloyd Snook said the legality of the University's admissions policies is dependent on various factors.

"The Bakke decision said it's okay to use race among other circumstances, but illegal to use it as the sole factor" in determining admissions, Snook said.

But the only way to know what current law permits is if the Supreme Court makes a decision or the Board explicitly states the University's stance on the issue, he said.

However, University administrators remain hesitant to state the current admissions policy in regards to considering the race of applicants.

Dean of Admissions John A. Blackburn declined to comment on policy.

"I know it is one of the things that the administration is working on," University Rector John P. Ackerly III said. "But maybe it's up in the air - maybe there is no current policy."

Jeffries said he thinks the Supreme Court will not overturn the Bakke decision.

"I personally think the Supreme Court will tolerate some reference to racial diversity as a goal in higher education," he said.

But the Supreme Court needs to consider cases through which a decision can be made on the legality of using race in admissions, he added.

"The Supreme Court has a responsibility to resolve this question - it's unfair to the admissions offices and the boards [of universities] to leave the question up in the air," Jeffries said.

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https://open.spotify.com/episode/02ZWcF1RlqBj7CXLfA49xt