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MEMORANDUM OF LAW IN SUPPORT OF
RENEWED MOTION BY DEFENDANTS BOLLINGER, LEHMAN, AND SHIELDS
FOR SUMMARY JUDGMENT ON GROUNDS OF QUALIFIED IMMUNITY

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TABLE OF CONTENTS

STATEMENT OF THE ISSUE PRESENTED	iii
CONTROLLING AUTHORITIES	iv
TABLE OF AUTHORITIES	v
INDEX OF EXHIBITS	x
INTRODUCTION	1
STATEMENT OF UNDISPUTED FACTS	3
1. The Faculty Admissions Policy	3
a. General Objectives	5
b. Grades, Test Scores, and Their Limitations	5
c. The Role of Racial and Ethnic Diversity	7
2. The Admissions Process: Implementing the Admissions Policy	9
a. File-by-File Review: Treating Each Applicant Individually	9
b. The Consideration of Race As A Single Though Important Element	10
ARGUMENT	11
I. GIVEN THE SUBSTANTIAL BURDEN TRIAL WOULD IMPOSE ON THE INDIVIDUAL DEFENDANTS, THE DECISION WHETHER TO GRANT SUMMARY JUDGMENT ON THEIR QUALIFIED IMMUNITY DEFENSE SHOULD BE MADE NOW	12
II. THE INDIVIDUAL DEFENDANTS ARE ENTITLED TO SUMMARY JUDGMENT ON THEIR QUALIFIED IMMUNITY DEFENSE	14
A. Plaintiff Cannot Demonstrate a Clearly Established Constitutional or Statutory Right Not to Have Race Considered in University Admissions Decisions	15
B. The Individual Defendants are Entitled to Qualified Immunity Because the Law School’s Admissions Policies and Practices Comply with Bakke	18
1. Justice Powell’s Controlling Opinion in Bakke Permits the Consideration of Race and Ethnic Origin as One of Many Factors in Admissions to Achieve A Diverse Student Body	18
2. The Individual Defendants, Like the Educational Community As a Whole, Reasonably Understood Bakke as the Controlling Authority on Use of Race in Admission	21
3. Defendants’ Admissions Policy Falls Well Within What Bakke Permits And Therefore Does Not Violate Any "Clearly Established" Right	26
CONCLUSION	29