"Preferential Admissions Revisited: Some Reflections on" DeFunis "and" Bakke

"The passage of a decade since the" Bakke "(preferential admissions) case offers a time for reflection and analysis. It also recalls the earlier" DeFunis "litigation, testing the constitutionality of the University of Washington's minority admissions program. The contrast between the two cases, both in their inception and their outcome, should still be of interest to legal scholars. While the focus in the minority-preference and race-conscious remedy area has shifted largely from college admissions to employment, the" Bakke "and" DeFunis "cases still offer substantial guidance."