Word: unc
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Over the summer, the Supreme Court vacated the Fourth District Appeals Court decision that the minority plank in the student government at the University of North Carolina (UNC) at Chapel Hill was unconstitutional. The Supreme Court ordered the appellate court to reconsider its decision in light of the recent Bakke decision. But the Appeals Court decision is reconsidered, the lower-level decision favorable to the UNC minority plank--made by a district court judge in Durham, North Carolina...
Calabrese maintains that there are several differences between the UNC case and the situation at Harvard. For instance, Harvard is not a public institution, but only receives federal funds. Also, the difference in the means of selecting the minority representatives stipulated in the two constitutions means the cases may not be comparable. "Only in the most obscure way does it relate to Bakke. And even if it does relate to Bakke, that decision was more in our favor...
Beard said he took UNC to court because the minority clause in the student government's constitution "was immoral and completely ambiguous...
Beard and another UNC law school graduate brought UNC to court, contending that a clause in the UNC student government constitution requiring that there be at least two blacks, two women and two men on the Campus Governing Council (CGC) violated a Supreme Court decision giving citizens a right "to attend a state university free from officially imposed or sanctioned discrimination...
...North Carolina district court ruled that the case was moot because the UNC student body president, who appoints the CGC members if the desired number of men, women and blacks aren't popularly elected, had never had to use his power to appoint any students...