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…

Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…

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.…

Despite existing research that demonstrates the benefits of racial diversity in education, the Court has become increasingly disinclined to allow the use of race or ethnicity in education policy targeted to increase race/ethnic diversity, absent a compelling state interest. The debate over the merits of educational diversity has almost exclusively…

This dissertation explores the controversial issues surrounding affirmative action in higher education. Are anti-affirmative action ballot initiatives in violation of the Equal Protection Clause of the Fourteenth Amendment by restructuring the political process of minorities in such a way that places special burden on their ability to secure…

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

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…

Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

This article reports on a U.S. Supreme Court decision that struck down two voluntary school-integration plans in a 5-to-4 ruling issued last week. Its decision left solidly intact its precedents dealing with affirmative action in higher education. Rather than signaling any clear desire to revisit its past decisions on race-conscious admissions…

Chapter 16 of a book on school law provides a legal overview of employment discrimination on the basis of race. A litany of cases has been adjudicated or are currently in litigation. Selected cases are reviewed briefly and arguments for and against the affirmative action guidelines are presented. The main area of complaint about the guidelines is…

The purpose of this paper is to discuss whether affirmative action plans for public schools and institutions of higher education can be justified under the compelling interest clause of the Fourteenth Amendment. Part 1 of the paper provides an historical as well as legal chronology of affirmative action in the U.S. Part 2 takes an analytical look…

On 23 June 2003, the Supreme Court of the United States issued two rulings on the constitutionality of race preferences in university admissions. The cases in question both involved the University of Michigan and were designated Gratz v. Bollinger and Grutter v. Bollinger. The Michigan rulings were a stunning triumph for race preferences, from…

The Supreme Court issued an unclear decision in "Wygant v. Jackson Board of Education." The case generated five opinions that do not agree on a single set of legal principles to give needed guidance to public officials. Includes discussion of two other cases relating to affirmative action and hiring practices. (MD)

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…