What Was Decided?

Sponsored with the Boston Bar Association - Continuing Legal Education

Date: Friday, October 03, 2003

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 12:30 PM

In Grutter v. Bollinger and Gratz v. Bollinger, the Supreme Court confirmed that racial diversity is a constitutionally acceptable goal for educational institutions. But the non-identical twin decisions raise more questions than they answered, and their significance extends well beyond the higher education admissions process.
Our panelists will explore the holdings of the two cases and discuss the implications of the points raised in the dissenting and concurring opinions. Attendees will be able to attend one of two tracks for discussion and in-depth analysis of the implications for educational institutions at all levels and issues raised on the labor and employment side.

Labor and Employment Break-Out Session:

• Quotas in the workplace
• Diversity in the workplace
• Claims of reverse discrimination after the Michigan cases
• Impact of the decisions on United Steel Workers v. Weber and the requirements of the OFCCP and the EEOC
• How employers should review their diversity and affirmative action programs

Education Break-Out Session:

• Discussion of "critical mass" and when it becomes a quota.
• Documenting admissions decisions to establish that they are based on a "holistic" inquiry
• Whether changes are needed in financial aid administration to ensure legal compliance
• The legality of special programs designed to attract and retain minority candidates.
• How to consider race-neutral alternatives
• Preparing for the next big case now
  
  
  

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  Program Chairs

  Janet Elie Faulkner,Esq.
  Emerson College
  Boston Bar Association College & University Law Section Co-Chair
  
  William E. Hannum, III, Esq.
  Schwartz Hannum PC
  Boston Bar Association Labor & Employment CLE Committee Co-Chair
  
  David H. Harris, Jr., Esq.
  Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association
  Boston Bar Association Individual Rights & Responsibilities Section Co-Chair
  
  Elizabeth P. Seaman, Esq. Palmer & Dodge LLP
  Boston Bar Association College & University Law Section Co-Chair
  
  

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  F A C U L T Y

  
  

  	Jacinta S. Ma
  	The Civil Rights Project, Harvard University
  	Martin Michaelson
  	Hogan & Hartson L.L.P.
  	Frank I. Michelman
  	Robert Walmsley University Professor Harvard Law School
  	Catherine E. Reuben
  	Robinson & Cole LLP
  	Professor David C. Yamada
  	Suffolk University Law School, Boston, MA
  	Harvey A. Schwartz
  	Rodgers, Powers & Schwartz
  	Elise Boddie
  	Assistant Counsel NAACP Legal Defense Fund
  	William E. Hannum, III
  	Schwartz Hannum PC Boston Bar Association Labor & Employment CLE Committee Co-Chair

  G E N E R A L   I N F O

  
  

  Date:   Friday, October 03, 2003 Tuition:   Tuition is $159; $95 for BBA Members and attorneys admitted to the Bar after 2000. The course book is included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099. Walk-Ins:   Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability. Refunds:   Refunds will be allowed for cancellation notices received at least 24 hours prior to the program. If you pre-registered for a program and cannot attend, written materials will be forwarded to you. Location:   Suffolk University Law School, 120 Tremont St., Boston, MA Credit:   This course has been approved for continuing legal education credit in CA, ME, NH, RI and VT Special Needs:   If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible. Directions to the Law School.