The Supreme Court has granted review for the 2012 term in the case "Fisher v. University of Texas." Abigail Fisher, a rejected white applicant to the University of Texas, has challenged the use of racial and ethnic admission preferences, which the Court had allowed in its 2003 decision involving the University of Michigan law school,…

In this essay, the author discusses how affirmative action contributed to an unnatural rise in enrollments in college. In considering the higher education bubble, he makes the case that as the opposition to preferences continues to build, the momentum of this trend will only increase as funding shrinks. He offers some tentative answers to a series…

It's not clear how supportive African Americans are of racial preferences. Supporters of preferences like to use the term "affirmative action," which is supported by most African Americans, but it is not the same thing. The old forms of affirmative action--positive, proactive measures to end discrimination, and aggressive outreach and recruiting…

Describes the disparate impact theory of discrimination, noting how its effect was recently on display in two high profile cases. Discusses the recent explosion of disparate impact lawsuits related to employment and education; examines why the disparate impact approach survives and thrives; explains the intent of disparate impact theory; and…