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…

Are we facing the end of racial preferences in America? Mr. Clegg thinks we probably are, and examines the role demographics, law, attraction, and vision may play in their demise. What makes preferences still attractive to so many people? Do most Americans share a vision that includes the continued use of racial preferences? Mr. Clegg offers a…

The real question behind affirmative action in higher education is whether the form of racial discrimination it represents is worth the improved access it provides. Three arguments favoring affirmative action in this context are that affirmative action (1) is needed to keep college admissions officers from discriminating against minorities; (2)…

Discusses the legal problems with racial and ethnic preferences in college admissions processes noting that there are only three possible goals that are legally "compelling" for the use of preferences: prophylactically to avoid discriminating, as remedial discrimination to make up for past discrimination, and to foster student diversity. (DB)

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…

This paper presents three reviews of the book, "The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions," by William Bowen and Derek Bok. The book defends affirmative action in college admissions. The first review says that the book presents important data, but it is seriously flawed…

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…