In Podberesky v. Kirwan,4 the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court held, was not narrowly tailored to remedy past discrimination at the University. In its analysis, however, the court applied only a portion of the applicable legal standard. A proper analysis of the program using the factors set forth in United States v. Paradise would have demonstrated that the program was narrowly tailored to address the racial problems of the University.
Kimberly J. Robinson, Fourth Circuit Finds University of Maryland Minority Scholarship Program Unconstitutional, Podberesky v. Kirwan, 38 F.3d 147 (4th Cir. 1994), 108 Harv. L. Rev. 1771 (1995).