Williams Authors Article Concluding North Carolina’s Diversity Scholarships Are Unconstitutional

(PRWEB) August 6, 2004

CHESS President Mark Williams authored “Skin Formulas Belong in a Bottle: North Carolina’s Diversity Scholarships are Unconstitutional Under Grutter and Gratz.” The article appeared in the Summer 2004 edition of the Campbell Law Review. The Campbell Law Review is published by the Norman Adrian Wiggins School of Law.

The article notes that financial aid is the new affirmative action battleground. It explores whether North Carolina’s diversity scholarships are constitutional in light of two recent United States Supreme Court decisions involving the University of Michigan. It highlights the history of the North Carolina Minority Presence Grant Program and other state funded race-based scholarships. In 2002, the North Carolina State Legislature ended a 24 year old scholarship program that had assisted African-American students and other racial minorities. Lawmakers used these funds to create a new program which sets aside funds for Native Americans and requires other funds be used to promote student diversity at the sixteen four-year public universities.

The study explores how four UNC institutions have implemented the legislative requirements. The University of North Carolina at Wilmington, Appalachian State University, the University of North Carolina at Asheville and the University of North Carolina at Chapel Hill are discussed in detail. Many of these schools have expanded their definition of diversity to include students’ sexual orientation and religious beliefs.

Williams questions whether these new diversity factors will be genuinely considered since he could not find evidence that the schools were actually collecting this information. The study ultimately concludes that North Carolina’s new law and the approach implemented by the University of North Carolina System is unconstitutional.

The article is available from LexisNexis® or WestLaw® using the citation “26 Campbell L. Rev. 135”. LexisNexis® and Westlaw® are online legal research services and their marks are owned by the LexisNexis Group of companies and by West, respectively.

More Information About Center for Higher Education Support Services, Inc.

The Center for Higher Education Support Services, Inc. (CHESS, Inc.) provides high-quality financial aid management consulting services to colleges, universities, and student financial aid industry participants. CHESS’s areas of expertise include financial aid management, policy, systems, training and support and people services. For additional information, visit http://www.chessconsulting.org.

Mark Williams is currently in his final year of law school at the Norman Adrian Wiggins School of Law in Buies Creek, North Carolina. He is also an instructor in the College Counseling Program at the University of California Los Angeles (UCLA). Williams previously served as the Director of Financial Aid & Veterans Services at the University of North Carolina at Wilmington and as the Associate Director of Financial Aid at Appalachian State University.

DISCLAIMER: Mr. Williams is not licensed to practice law in any jurisdiction. Neither CHESS, Inc. nor Mark Williams provide legal advice. Contact an attorney licensed to practice law in your state if you have questions concerning this research article.

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