Florida A & M University Law Review


Preferential treatment based on race is currently on life support and will soon die as a part of the college admissions process. However, banning racial preference in college admissions does not mean the end of minorities receiving preferential treatment in college admissions. Recently, federal courts have begun to hold that colleges may give preferential treatment and use various criteria in compiling its student body; however, these criteria must be race neutral. Part I of this note discusses Grutter v. Bollinger. Part II argues that admissions committees will still be able to give deserving minorities special consideration under a race neutral system. Part III suggests that race neutral preferential treatment policies will remove the stereotypical stigmas placed on racial minorities. Part IV of this note describes how race neutral policies will help colleges and government entities focus on the social, economic, and political problems that create disparity in the first place, rather than on the race of the victims, and thus begin a process of remedying the true problems that cause the disparity. Part V delineates how race neutral policies will garner broader support across racial lines because the emphasis will be on the problems that foster disparity in society irrespective of race.