In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

This paper reviews the existing literature to discuss how critical race theory has been applied as a theoretical framework to higher educational research in the United States and what its contributions are. To provide necessary context, I will discuss race and racism in the United States, the background of US higher education in relation to race,…

After decades in the political wilderness, school integration seems poised to make a serious comeback as an education reform strategy. A growing number of parents, university officials, and employers want elementary and secondary schools to better prepare students for the increasingly racially and ethnically diverse society and the global economy.…

The homepage of the Project on Fair Representation (POFR) features a smiling photo of Abigail Fisher, the young White woman at the center of "Fisher v. the University of Texas," which could end race as a criterion in university admissions. Edward Blum, founder of POFR, a conservative advocacy group, connected Fisher with Wiley Rein LLP,…

In education, reform tends to follow cycles, often bouncing from one extreme to another without considering the possibility of incorporating multiple perspectives simultaneously. Policies aimed at helping more underrepresented students enter college and complete degrees have bounced from one pole to another, embracing access as the primary goal…

After the 2003 U.S. Supreme Court decisions on the University of Michigan admission cases, which struck down racial preferences and quotas in Michigan's undergraduate and law school admission, several groups have challenged race-conscious admission, school placement policies and academic support programs. Even the federal government has challenged…

Opponents of higher education affirmative action programs are gearing up to launch their largest attack in recent years. The planned assault comes in the wake of the recent U.S. Supreme Court ruling that severely limited the use of race in K-12 integration plans. It was Ward Connerly, the chairman of the American Civil Rights Institute, a…

In this chapter, the authors outline critical race theory (CRT) as an analytical framework that originated in schools of law to examine and challenge the continuing significance of race and racism in U.S. society. They then describe the CRT framework within the field of education. CRT scholarship offers an explanatory structure that accounts for…

Places current controversies over affirmative action and higher education desegregation in the historical context of legal challenges to the U.S. racial social order. With a specific focus on the role of federal courts, the article provides an overview of the legal cases and issues involved in efforts to address the effects of segregation and…

The Bakke case is the most recent of many cases in which the Supreme Court has assessed the impact of the Brown decision that racial discrimination in education is unconstitutional. The Bakke decision has established that race is a factor which may constitutionally be considered in university admissions under certain circumstances. (Author/MC)

The United States Supreme Court has had a significant role in the exploration and definition of affirmative action in this country. No more so than in the recent decisions related to the University of Michigan admissions cases. This article will explore the historical role of the U.S. Supreme Court and the decisions that this entity has made in…

On May 17, 1954, the Supreme Court rendered one of the most important legal decisions in American history. With its first opinion in the "Brown v. Board of Education," the Court ruled unanimously that racial segregation in public schools was unconstitutional. Writing for the Court, Chief Justice Earl Warren stated that racial segregation…

This book focuses on the legal and ideological controversy over the application of affirmative action policy to combat discrimination based on race, national origin/ethnicity, and gender. After the introduction, seven chapters discuss (2) "The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative…

This volume includes papers 16-32 in a 32-paper collection: (16) "Mining the Fields of Teacher Education: Preparing Teachers to Teach African American Children in Urban Schools" (Patricia A. Edwards, Gwendolyn T. McMillon, and Clifford T. Bennett); (17) "Mentoring Adolescents At Risk or At Promise" (Tammie M. Causey and Kassie…