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Third, the Court could endorse the diversity rationale as a compelling interest, but it could establish a new set of tests to measure whether the Michigan policies are “narrowly tailored.” The Bakke “plus” factor test, which has been largely confined to higher education admissions cases, could be replaced with guidelines that have been applied in other affirmative action cases, where the Court has looked at factors such as time limits, flexibility and the burdens on non-minorities...

Author: By Angelo Ancheta, | Title: Courting Affirmative Action | 4/10/2003 | See Source »

Depending on how high the bar is set, the Michigan policies might or might not be upheld. For instance, the Court could establish a test requiring that an admissions policy be highly individualized and flexible, and then proceed to strike down the current undergraduate policy at Michigan, reasoning that a point system which applies a fixed number of points for race is not flexible enough. Or the Court could impose a time requirement so that policies have a fixed duration. As a practical matter, the Court could, by establishing difficult or unreachable standards for narrow tailoring, sound a death knell...

Author: By Angelo Ancheta, | Title: Courting Affirmative Action | 4/10/2003 | See Source »

...submission before Saddam tries to sneak them back into the capital. If Iraqi forces attempt to leave their trenches and head toward Baghdad, they could suffer crippling losses from coalition air strikes. Allied commanders believe that units that survive the U.S. assault will lack sufficient numbers or time to establish effective defenses. Having kept most of his military out of Baghdad presumably to guard against a coup, Saddam has entrusted the city's defense mostly to the 15,000-man Special Republican Guard and the Special Security Organization. Those groups are badly outmuscled by the 325 Abrams tanks, 200 Bradley...

Author: /time Magazine | Title: Sticking To His Guns | 4/7/2003 | See Source »

...astute criticism of the so-called “partial-birth” abortion ban recently approved by the U.S. Senate (Editorial, “Undermining Roe v. Wade,” March 31). I would like to add, however, that the real agenda underlying this maneuver is to establish a foothold for anti-abortion activists to continue to chip away at women’s rights...

Author: By Elizabeth F. Janiak, | Title: A Reactionary Measure | 4/7/2003 | See Source »

...Many years ago, we decided that we wanted to be different from other companies, that we wanted to be part of the surrounding community and establish ourselves as a resident in that community, and we’ve done that,” Houghton said yesterday. “That kind of thing is not easily replicable—we’ve been here since 1960 and don’t want to move...

Author: By Lauren A.E. Schuker, CRIMSON STAFF WRITER | Title: University Lands Allston Acreage | 4/2/2003 | See Source »

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