The purpose of this paper is to document the indirect effects of the Texas Top Ten Percent Plan on professional school degrees awarded and to propose the far reach of the law as an alternative argument in support of race-conscious admissions policies challenged under the strict scrutiny standard. Designed around the two tests of strict scrutiny,…

In response to disparities in postsecondary access, governments have enacted policies to facilitate the admission of traditionally underrepresented students. Known as affirmative action in the United States, the legal justification of this approach has varied. This article describes the legal and political history of affirmative action, the social…

Racial affirmative action policies are widespread in college admissions. Yet, evidence on their effects before college is limited. Using four data sets, we study a U.S. Supreme Court ruling that reinstated affirmative action in three states. Using nationwide SAT data for difference-in-differences and synthetic control analyses, we separately…

Some of the nation's most prominent colleges and universities have abandoned their affirmativeaction-based admission policies and adopted race-neutral affirmative action as a result of twolawsuits against the University of Michigan, which threaten the availability of undergraduate andgraduate program access to applicants of color. In this article,…

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

Despite being academically unqualified for admission to the University of Texas at Austin, Abigail Fisher, a White female, argued that she was not admitted due to the university's diversity policy. In addition to framing postsecondary admissions as a zero-sum phenomenon, Ms. Fisher intentionally frames students of color who are admitted to the…

With a decision pending in two lawsuits challenging race-conscious admissions practices at Harvard and the University of North Carolina at Chapel Hill (UNC), many observers are predicting that the US Supreme Court will significantly limit, if not completely prohibit, the use of race in college and university admissions. However if the United…

Education is the value proposition that provides individuals the opportunity to become meaningful contributors to society, their community, and their immediate families. It is the calling card of personal achievement and individual intrinsic benefits. Education is about access and opportunity. Institutions continue to navigate strategies of access…

Few studies have focused on the role of Asian Americans in influencing how race is understood in affirmative action debates. However, accounting for the complicating presence of Asian Americans in the racial politics of affirmative action has become increasingly important. Informed by racial formation theory, this critical discourse analysis of…

Previous policy analysis of the Top Ten Percent Plan (TTPP) has focused on the outcomes of the policy (e.g., Card & Krueger, 2005; Kain & O'Brien, 2004; Long, 2004), answering questions such as whether the TTPP led to increased or decreased access for particular groups. Absent from the literature is an analysis of the policy-change process…

The Supreme Court has established the parameters within which universities can practice race-conscious affirmative action for college admissions in a series of decisions beginning in l978. The key issues concern the educational impact of campus diversity and whether or not it is necessary to give some consideration to students' race into order to…

"Gerrymandering" is known best as a tool to manipulate boundaries for voting districts, but school districts have long used the same tool to manipulate school boundaries. The author used geospatial techniques--mapping various kinds of demographic data onto school boundaries--to examine public school attendance zones and their effect on…

Race-based affirmative action policies are widespread in higher education. Despite the prevalence of these policies, there is little consensus on how affirmative action policies affect students either before they reach college or after they matriculate into college. This study provides new evidence on the benefits of affirmative action policies…

Over the last few years, even as the U.S. Supreme Court was considering the constitutionality of race-conscious policies in postsecondary admissions in "Fisher v. University of Texas" (2016), a new wave of attacks in the conservative agenda to dismantle affirmative action (as the policy is more commonly called) emerged. First, in 2014…

Legal decisions about affirmative action in higher education do more than impact how admissions policies are structured. The discourse produced in these decisions structures how race is talked about, understood, and enacted in the context of higher education and beyond. However, critique of affirmative action rhetoric in the legal realm tends to…