The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…

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…

This article describes the outcomes of the case "Fisher v. University of Texas at Austin," in which the plaintiff had accused the University of Texas (UT) of racial discrimination in the admission process. The author believes that the ruling of the court in this case makes it harder to hide race-based measures used in college admissions.…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

The "Bakke" decision marked a turning point in higher education. Tested again most recently in "Fisher v. University of Texas at Austin," affirmative action policy remains in place even as the Roberts Court shakes its foundation by demanding a degree of administrative oversight not pursued by previous Courts. In spite of…

The instability of the U.S. economy and its competitiveness in the global market has lead to increase request for investment in Higher Education programs. There exists a rising awareness among scholars of how inextricably education is tied to the strength of the economy, the well being of its populace, as well as the importance of a diversified…

This paper, by the president of West Virginia University (WVU), discusses the impact of the Brown decision on that institution and on higher education in general. Following the Gaines decision of 1938, WVU adopted a policy of admitting Black students to its graduate and professional schools because advanced educational programs were not available…

Recent lawsuits and judgments brought against colleges and universities for enacting affirmative action policies are threatening to dismantle the core principles of the Bakke decision (Regents of the University of California v. Bakke) and undermine the Civil Rights Act of 1964. This paper discusses current issues and challenges that pertain to…

The importance of diversity and inclusion to higher education was the focus of intense legal and social scientific analysis in the decisions of the United States Supreme Court concerning affirmative action at the University of Michigan. The leadership of higher education and several other sectors of society offered overwhelming support, and a…

Examines two cases (Bakke and Detroit Police Officers Association vs Young); examines affirmative action programs, reverse discrimination, and the use of "benign" classifications in light of the Fourteenth Amendment and the United States Code. Available from Editorial and Business Office, Detroit College of Law Review, 130 East Elizabeth…

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

This publication is designed to clarify and amplify the 1975 booklet of the same title prepared by the Department of Health, Education, and Welfare (DHEW). The requirements for providing education to non-English speakers are first placed in their historical context. Suggestions for the basic elements to include in an affirmative action plan for…

The hearings recorded here were convened in order to examine legislation proposed in response to the Supreme Court's decision in Grove City College v. Bell, which was considered to narrow significantly the scope of coverage of Title IX of the 1972 Education Amendments, Title VI of the 1964 Civil Rights Act, Section 504 of the 1973 Rehabilitation…