Document 8: Bakke Syllabus

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Citation: Available from the U.S. Government Printing Office, Washington, D.C.

Vocabulary: syllabus, regents, certiorari, grade point average, extracurricular, respondent, discretionary, mandatory injunction, declaratory relief, allege, inter alia, petitioner, strict-scrutiny standard, affirm, proscribe, violate, inherently, foreclose, chronic, remedial, concur, dissent. (You may wish to consult a legal dictionary for definitions of some of these terms.)

Questions for Students

1. Based on the syllabus, develop a chronological outline of the process by which Allan Bakke sought admission to the Medical School of the University of California at Davis.

2. Restate in your own words the final decision of the U.S. Supreme Court in the Bakke case.

Discussion Questions

1. What issues have arisen around the Bakke decision? Why does it appear to have historical importance?

2. What can be inferred from the number of separate opinions filed by the Justices?

3. "Technically, the Court’s decision in a case applies only to the particular facts of that case and to the parties to it. But the reasoning outlined by the Court gives lower court judges a basis for deciding similar cases." James E. Clayton, The Making of Justice (New York, 1962), p. 85. Discuss.

4. What might be the reactions of the following individuals to the Bakke decision? What justifications might they offer for their opinions?

a. White male, first-generation American. Your parents immigrated to America from Latvia. You earned your undergraduate degree by attending evening classes.

b. Black female. You are the first member of your family to pursue an advanced degree.

c. White female from middle-class professional family.

5. What comments do you have on the Bakke decision?