Legal Opinion

Podberesky v. Kirwan

Court of Appeals for the Fourth Circuit

Decided October 27, 1994No. Nos. 93-2527, 93-2585PublishedCited by 36 opinions

1Opinion of the Court

Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

WIDENER, Circuit Judge:

The issue in this case is whether the University of Maryland at College Park may maintain a separate merit scholarship program that it voluntarily established for which only African-American students are eligible. Because we find that the district court erred in finding that the University had sufficient evidence of present effects of past discrimination to justify the program and in finding that the program is narrowly…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Regents of the University of California v. BakkeSupreme Court of the United States · 1978
  3. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  4. Wygant v. Jackson Board of EducationSupreme Court of the United States · 1986
  5. Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979

12 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Wessmann v. GittensCourt of Appeals for the First Circuit · 1998
  2. Williams v. HansenCourt of Appeals for the Fourth Circuit · 2003
  3. James A. McNAMARA, Et Al., Plaintiffs-Appellants, v. CITY OF CHICAGO, Et Al., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1998
  4. Adams v. NVR Homes, Inc.District Court, D. Maryland · 2000
  5. United States v. Norwood W. Barber, United States of America v. Linda K. BarberCourt of Appeals for the Fourth Circuit · 1996

31 more not listed; retrieve them via the Exa API.

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