
In 1997, the Center for Individual Rights sued the University of Michigan. They alleged in federal court that U-M violated the Fourteenth Amendment of U.S. Constitution by allegedly using unequal and racially-biased admissions standards favoring minorities.
Prior to 1997, it was not a foregone conclusion that U-M's strategy would admit to preferential treatment, but the seeds of the "diversity as a compelling interest" were growing. Although the Bakke decision in 1978 brought the "diversity" argument into the limelight, the details were still being worked out. Indeed, as early as 1988 some documents suggest that U-Michigan administrators were refining the "diversity" argument and that they sensed that they would be on the short-list of legal targets for a future litigation showdown.
The outcome of these lawsuits is a central part of the legacy of the Duderstadt and Bollinger presidencies at U-M. This page is unique in that it presents original source material from the U-M's administrative archives (The Bentley Historical Library).
The author believes, as is evidenced primarily by the Berkeley white-paper, that socio-economic preferences for the financially disadvantaged could fully or almost fully replace racial preferences. Indeed, Duderstadt's possession of this white-paper suggests it was a valid alternative, that he was aware of it, and chose not to go down this path (raising a serious question about "narrow tailoring").
Economic preferences would offer a substitute that would still seem to lift the truly-disadvantaged minority (as well as the disadvantaged non-minority) as long as it is needed by society. In this way, as society's "racial divide" was slowly corrected, the program would also be self-correcting.
By publishing hitherto unknown documents this page hopes to influence the affirmative action debate by providing some new raw facts - something that most commentators seriously lack.
Many records are still sealed from public view however by an arbitrary regulation giving the U-M president and vice-provost for academic affairs a special 10-year secrecy period from the date of their creation.
[9-24-2003 Postscript: The Czar's Court has strong reason to believe from inside sources that the Jan 2001 change to a 20-year seal for ALL EXECUTIVE OFFICERS was precipitated largely because of the spring 2000 publication of this page and other actions by the author.]
In certain cases where innocent individuals' names or certain non-public officials are included in records, the Czar's Court has chosen to black-out those names at the author of this page's own discretion. This decision to redact information is an editorial choice and not an admission of anything; the records are publicly available public records that could have been published in full. |