Criminal Law Title and Citation the Type

Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil) Type of Action It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the university's policy and acceptance to the school. ("Fisher v.

Texas") (Wermeil) Fact of the Case In 2008, two white female students were denied admission to the University of Texas. They allege that the school is unfairly discriminating against them based upon their race. Under Texas House Bill 588, the university has to accept anyone who is in the top 10% of their graduating class regardless of their race, creed, economic background or social class. Those candidates who do not meet these guidelines can apply for admission based upon a number of factors.

The most notable include: leadership qualities, talents, skills, grade point average (i.e. GPA), ACT / SAT scores, race and family circumstances. ("Fisher v. Texas") (Wermeil) The two students are in the second category. They argue that the use of racial preferences is giving minorities an unfair advantage over other qualified applicants. As a result, they believe that more neutral indicators should be utilized. Federal court was selected because the policy was considered to be in violation of the Equal Protection Clause of the 14th Amendment.

This means that it is a civil rights case. ("Fisher v. Texas") (Wermeil) Contentions of the Parties The plaintiffs are arguing that the policy in breach of the Equal Protection Clause of the 14th Amendment and Texas House Bill 588. Both clearly state that racial preferences should be used sparingly. Instead, other factors need be taken into account to determine the most qualified applicants. The defendants are arguing how the policy is in compliance with federal law under the case precedent established in Gutter v. Bollinger.

This decision states that schools can use race as a factor in determining who will be admitted. Moreover, it is also following the provisions from the Civil Rights Act of 1964 and establishes mechanisms for offering greater opportunities to these students. ("Fisher v. Texas") (Wermeil) Issues The most relevant issue is that the number of minority students at the school is lower in contrast with the general population demographics.

The university is arguing, how their current policies are addressing these issues and complying with various federal laws by providing equal opportunities for everyone. The fact that they are lower at the school; means that admissions may have to use race as a factor to make up for these disparities. ("Fisher v. Texas") (Wermeil) Decision The court ruled that the policy is in compliance with federal law. However, the Justices felt that more neutral indicators could be used. They referred the case back to the Fifth Appellate Court.

Their job is to work with the school in achieving these objectives. As a result, racial based indicators.