Read the following case study about Affirmative Action, andtake into consideration U.S. Supreme Court Case Law and what you have learnedin this course to answer the following questions in essay format. ONLY USE CASELAW AND SCHOLARLY LEGAL ARTICLES FROM REPUTABLE SOURCES AS REFERENCES TO BACKUP YOUR RESPONSES. Case Study:Affirmative Action at UCLA Imagine that you just graduatedfrom Harvard Law School and have started working at the Latina/o Civil RightsLaw Firm of Los Angeles. Chancellor Block has just changed UCLA’s admissionspolicy to promote greater student body diversity. Knowing that you have someexperience in constitutional law related to affirmative action, the executivedirector of the Latina/o Civil Rights Law Firm asks you to evaluate whether ornot Chancellor Block’s new policy is constitutional. Chancellor Block’s admissionspolicy is called “Bruin Diversity.” There are three stated goals of “BruinDiversity”:1. Reduction of the historicdeficit of Latinas/os, African Americans, and Native Americans at UCLA.2. To remedy the effects ofsocietal discrimination against Latinas/os, African Americans, NativeAmericans, and other ethnic minority groups in the current hostile politicalclimate. 3. To obtain the educationalbenefits that flow from an ethnically diverse student body.According to “Bruin Diversity,”applications will be reviewed based upon the following criteria:1. High school grades (30 pointsmaximum)2. Standardized test scores (30points maximum)3. High school quality (10 pointsmaximum)4. Curriculum strength (10 pointsmaximum)5. Geography (10 points maximum)6. Leadership (10 points maximum)7. Miscellaneous (15 pointsmaximum) For this miscellaneous category,students are awarded points for surmounting difficult life circumstances andextraordinary life challenges. Latinas/os, African Americans, and Native Americansare also automatically awarded 15 points for their potential contribution tocampus cultural diversity.Latina/o, African American, andNative American applicants will be evaluated separately from applicants fromall other racial and ethnic groups. Their applications will be set aside andgiven to a special committee on race relations. Chancellor Block aims to set-aside33% of all admission slots for Latinas/os, African Americans, and NativeAmericans. Chancellor Block did not considerany race-neutral alternatives for achieving student body diversity on the UCLAcampus. The Bruin Diversity Plan utilizesthe following “Selection Index”:115-90 points (admit)89-80 (admit or postpone)79-70 (postpone or admit)69-60 (delay or postpone)60 and below (delay or reject). Question 1:Is the Bruin Diversity Plan legal according toProp 209 and Coalition for Economic Equity v. Wilson? Why or why not? In youranswer take into consideration only traditional equal protection clauseanalysis. Don’t worry about structural equal protection analysis. 1 page, double-spaced.Question 2:If Proposition 209 was eliminated, would the Bruin DiversityPlan be constitutional according to the Equal Protection Clause? Your answer should address thefollowing key issues:1. Is the Bruin Diversity Planjustified by a compelling interest? Which of the stated goals can be consideredcompelling? Why or why not? 1-1.5pages. 2. Is the Bruin Diversity Plan narrowly tailored? 2-3pages. Question 3:In the Grutter case of 2003, Justice Sandra Day O’Connor stated:’We expect that 25 years fromnow, the use of racial preferences will no longer be necessary to further theinterest approved today.’Based upon what you have learnedin this course, do you think that affirmative action is necessary today inuniversity admissions, employment, and/or government contracting? Why or whynot? You may also choose to include a discussion of gender in your response. 2 pages, double-spaced.
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