In its landmark 1978 decision, Regents of the University of
California v. Bakke, the Supreme Court declared the use of
racial quotas in university admissions impermissible, but upheld
the use of race as a factor in such admissions (438 U.S. 265).
As a basis for his decision, Justice Powell found that
attainment of a diverse student body is "clearly a
constitutionally permissible goal for an institution of higher
education." Now, almost a quarter of a century later, the
consideration of race in university admissions has inspired a
series of lawsuits brought by nonminority applicants who assert
that their race prevented them from gaining admission to the
state school of their choice. In addition to prompting a re-
examination of Bakke, these cases have also defined a role for
empirical research in judicial decision-making. This month, the
Sixth Circuit will hear arguments on two cases involving
admissions processes at the University of Michigan. In Gratz v.
Bollinger, the plaintiffs challenged the university's u