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A Historical Analysis of Landmark Supreme Court Cases Missouri Ex Georgia State University ScholarWorks @ Georgia State University Educational Policy Studies Dissertations Department of Educational Policy Studies Summer 8-7-2012 Student Access to Higher Education: A Historical Analysis of Landmark Supreme Court Cases Missouri ex. rel. Gaines v. Canada, Registrar of the University of Missouri, 1938, and Grutter v. Bollinger, 2003 Ansley K. Daniel Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/eps_diss Recommended Citation Daniel, Ansley K., "Student Access to Higher Education: A Historical Analysis of Landmark Supreme Court Cases Missouri ex. rel. Gaines v. Canada, Registrar of the University of Missouri, 1938, and Grutter v. Bollinger, 2003." Dissertation, Georgia State University, 2012. https://scholarworks.gsu.edu/eps_diss/99 This Dissertation is brought to you for free and open access by the Department of Educational Policy Studies at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Educational Policy Studies Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. ACCEPTANCE This dissertation, STUDENT ACCESS TO HIGHER EDUCATION: A HISTORICAL ANALYSIS OF LANDMARK SUPREME COURT CASES MISSOURI EX. REL. GAINES V. CANADA, REGISTRAR OF THE UNIVERSITY OF MISSOURI, 1938, AND GRUTTER V. BOLLINGER, 2003, by ANSLEY KNOX DANIEL, was prepared under the direction of the candidate’s Dissertation Advisory Committee. It is accepted by the committee members in partial fulfillment of the requirements for the degree Doctor of Philosophy in the College of Education, Georgia State University. The Dissertation Advisory Committee and the student’s Department Chair, as representatives of the faculty, certify that this dissertation has met all standards of excellence and scholarship as determined by the faculty. The Dean of the College of Education concurs. __________________________________ ______________________________ Philo Hutcheson, Ph.D. Hayward Richardson, Ed.D. Committee Chair Committee Member __________________________________ ______________________________ Rodney Lyn, Ph.D. Werner Rogers, Ed.D. Committee Member Committee Member __________________________________ Date __________________________________ William L. Curlette, Ph.D. Chair, Department of Educational Policy Studies __________________________________ R. W. Kamphaus, Ph.D. Dean and Distinguished Research Professor College of Education AUTHOR’S STATEMENT By presenting this dissertation as a partial fulfillment of the requirements for the advanced degree from Georgia State University, I agree that the library of Georgia State University shall make it available for inspection and circulation in accordance with its regulations governing materials of this type. I agree that permission to quote, to copy from, or to publish this dissertation may be granted by the professor under whose direction it was written, by the College of Education’s director of graduate studies and research, or by me. Such quoting, copying, or publishing must be solely for scholarly purposes and will not involve potential financial gain. It is understood that any copying from or publication of this dissertation which involves potential financial gain will not be allowed without my written permission. ________________________________ Ansley Knox Daniel NOTICE TO BORROWERS All dissertations deposited in the Georgia State University library must be used in accordance with the stipulations prescribed by the author in the preceding statement. The author of this dissertation is: Ansley Knox Daniel 4270 Old Stilesboro Road Kennesaw, GA 30152 The director of this dissertation is: Dr. Philo Hutcheson Department of Educational Policy Studies College of Education Georgia State University Atlanta, GA 30303-3083 CURRICULUM VITAE Ansley Knox Daniel ADDRESS: 4270 Old Stilesboro Road Kennesaw, Georgia 30152 EDUCATION: Ph.D. 2012 Georgia State University Educational Policy Studies Ed.S. 1999 Georgia State University Educational Leadership M.Ed. 1997 Georgia State University Educational Leadership B.A. 1993 Furman University Political Science PROFESSIONAL EXPERIENCE 2000-2002 Administrator, McCleskey Middle School Marietta, Georgia 1993-2000 Teacher, McCleskey Middle School Marietta, Georgia PROFESSIONAL SOCIETIES AND ORGANIZATIONS 2011 History of Education Society 2011 Education Law Association PRESENTATION Daniel, A. (March, 2011). Student Access to Higher Education: A Historical Analysis of the Landmark Supreme Court Cases Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, 1938, and Grutter v. Bollinger, 2003 . Paper presented at the meeting of the Southern History of Education Society, Charleston, South Carolina. ABSTRACT STUDENT ACCESS TO HIGHER EDUCATION: A HISTORICAL ANALYSIS OF LANDMARK SUPREME COURT CASES MISSOURI EX. REL. GAINES V. CANADA, REGISTRAR OF THE UNIVERSITY OF MISSOURI, 1938, AND GRUTTER V. BOLLINGER, 2003 by Ansley Knox Daniel The purpose of this study is to identify primary themes related to student access to higher education and establishing diversity in higher education classrooms through a comparative analysis of the 1938 Gaines v. Canada case and the 2003 Grutter v. Bollinger case. Both of these Supreme Court opinions have significantly impacted student access to higher education. The landmark ruling in Gaines inaugurated a new and ground-breaking series of legal victories that opened minority student access to higher education and eventually to secondary education. In Grutter , the Supreme Court upheld the use of race as one of many factors that can be used to consider in the student admissions process in higher education to encourage diversity in student populations and in leadership opportunities. Using a methodology of historiography of education law, the intention of this study is to expand the historical and legal implications of the Gaines and Grutter cases, focusing on the application of the Equal Protection Clause of the Fourteenth Amendment and the relationship between the outcomes of the cases and the judicial interpretation employed by the justices. In Grutter , while considering narrow- tailoring and strict scrutiny to check for the legal development and implementation of affirmative action policies, the justices prioritize providing equal access to higher education for all students and ensuring meaningful diversity in university classrooms for an extended, but still limited, time period. It is valuable for historians of the law and members of the legal profession to consider the notion of active liberty articulated by Justice Stephen Breyer (2005) when developing their interpretation of the Equal Protection Clause and how it should be applied. STUDENT ACCESS TO HIGHER EDUCATION: A HISTORICAL ANALYSIS OF LANDMARK SUPREME COURT CASES MISSOURI EX. REL. GAINES V. CANADA, REGISTRAR OF THE UNIVERSITY OF MISSOURI, 1938, AND GRUTTER V. BOLLINGER, 2003 by Ansley Knox Daniel A Dissertation Presented in Partial Fulfillment of Requirements for the Degree of Doctor of Philosophy in Educational Leadership in the Department of Educational Policy Studies in the College of Education Georgia State University Atlanta, GA 2012 Copyright by Ansley K. Daniel 2012 ACKNOWLEDGMENTS There are many people who have supported me in my educational journey. I am truly grateful for their encouragement, guidance, and willingness to help. First, I am most grateful for the guidance and support of my advisory and dissertation committee, including Dr. Philo Hutcheson, Dr. Hayward Richardson, Dr. Werner Rogers, Dr. Rodney Lyn, and Dr. Rhonda Tighe. I would also like to thank Dr. Hutcheson and Dr. Jennifer Esposito for helping me frame and organize my research. Dr. Hutcheson has been a tremendous support to my education for many years, and I would like to thank him for his excellent teaching and wise advisement on my behalf. I would like to express my great appreciation to Dr. Vicki Denmark and Mrs. Merrilee Heflin for providing encouragement and wise counsel to help me in my educational career. They have both been role models for me in my career. Further, I am grateful for the support of many cherished friendships that have provided generous support in this journey, especially Kelley Mitchell, Angela Shutley, Jill Wood, Lara Liptak, Jennifer Scott, Jennifer Kane, Angela Cannon, Michelle Frazier, and Sharon VanDyke. My family has been a constant and immeasurable support to me. In addition to helping with my boys, they have provided the love and emotional support that I depend upon. To my parents, who taught me the value of education and the importance of contributing to the community, I love you, and I am thankful to God every day for you. Thank you for all of your love and support! To my brother, John, and his amazing wife, Eleanor, thank you for being role models for my boys and for Kevin and me. You are always very generous and encouraging to me. To my sister, Elizabeth, and her husband, ii David, thank you for always being devoted and loving to us. I am very grateful for you! To my nieces and nephews, Margaret Rose, John IV, Graham, and Ella, thank you for the joy you bring to my family! To my mother-in-law and father-in-law, Wylene and Michael Daniel, I am so lucky to have married in to your family. You have been a tremendous support to me throughout this process. And, most importantly, I would like to thank my wonderful, loving, and generous husband, Kevin, and my two precious boys, Nicholas and
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