----Press Release

FOR IMMEDIATE RELEASE

Press Contacts:
— Michael Begert, Bingham McCutchen, 415-393-2693
— John Buchanan, Heller Ehrman, 415-772-6715
— Bruce Walker, University of Texas, Austin, 512-475-7326

Legal Experts Publish Higher Education Admissions Compliance Manual

Provides Guidance for Admissions Officers Following U.S. Supreme Court Decisions in University of Michigan Cases

SAN FRANCISCO (Sept. 11, 2003) — Several leading law firms today pre-released a manual that provides a clear, comprehensive legal interpretation of the U.S. Supreme Court decisions in the University of Michigan admissions cases to assist universities and law schools around the country as they redraft their policies to comply with the June high court rulings.

Today's pre-release includes the first two chapters of the Preserving Diversity in Higher Education: A Manual on Admissions Policies and Procedures After the University of Michigan Decisions, written by attorneys from the law firms Bingham McCutchen LLP and Heller Ehrman White & McAuliffe LLP. The Manual provides practical guidance for admissions officers, generalcounsels, and others involved in crafting workable, effective and constitutional race-conscious admissions policies in the aftermath of the University of Michigan decisions.

"Many admissions offices are currently crafting new policies, or revising old ones, for 2004 admittees," explained Ruth Bond of Heller Ehrman, one of the manual's authors. ""The knowledge that decisions are being made right now about admissions procedures gave us the impetus to provide this crucial information to them in a timely fashion."

Robert Laird, former Director of Admissions at UC Berkeley, added, "The Manual combines careful, intelligent legal analysis with practical information for campus attorneys, admissions policy makers, and the admissions professionals who carry out those admissions policies. It is an outstanding tool for colleges and universities-and their boards of trustees."

Within the next month, the firms of Bingham McCutchen and Heller Ehrman, with the addition of Morrison & Foerster, will publish the complete Manual. The additional chapters will detail documentation useful to support a race-conscious admissions plan, remedial justifications for race-conscious admissions programs, the use of race in recruiting, orientation and mentoring programs, financial aid, faculty hiring and other related topics.

In the Michigan decisions (Grutter v. Bollinger and Gratz v. Bollinger), the Supreme Court embraced diversity as a "compelling interest" for higher education institutions and allowed flexibility in constructing race-conscious admissions plans. "But the issues are complex," explained lawyer Michael Begert of Bingham McCutchen, "and different universities and graduate schools will adopt varying admissions processes as they strive to achieve meaningful diversity. A large, public undergraduate institution will face different challenges than a small, private professional school."

The Manual clearly articulates the relevant legal principles that should guide various types of institutions in complying with the Court's opinions.

Bruce Walker, Director of Admissions and Vice Provost at the University of Texas, Austin, explained, "Universities who have been through a law suit on the use of race in admissions (and particularly those who lost as UT Austin did in 1996), have a keen appreciation for the importance of the legal details of an admission policy. This manual will be highly valued by the practitioners who run admission offices, the administrators who set policy and the legal departments who advise them."

"Preserving Diversity in Higher Education: A Manual on Admissions Policies and Procedures After the University of Michigan Decisions will serve as an important reference as colleges and universities review their admission policies in light of the recent Supreme Court decisions regarding the use of race in college admissions."

The three law firms compiled the compliance manual as a public service. Copies can be obtained by contacting Neha Nissen at 415-393-2300 or neha.nissen@bingham.com. It will also be available online at www.bingham.com and at www.hewm.com.

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