Affirmative Action in higher education exemplifies interest convergence, and beyond this, interest divergence and imperialistic reclamation. Diversity initiatives, such as the Inclusive Excellence initiative, have adopted key strategies and reasoning developed in Affirmative Action Supreme Court cases. This paper shows how semantic concessions and…

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…

The policies, priorities, and productivity of postsecondary admission offices are under a great deal of scrutiny. The current realities range from the pressures of tuition-driven institutions to deliver the majority of the university budget each fall, to more selective institutions wrestling with standards of which applicants to accept amid…

Affirmative action was banned in California, Texas, Washington, and Florida in the 1990s. Following this early wave, additional states banned the practice, including Arizona, Georgia, Michigan, Nebraska, New Hampshire, and Oklahoma. In response to concerns about underrepresented minorities' falling college enrollment in flagship public…

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…

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…

In this article we extend Bell's work on interest convergence by using Harris' work on whiteness as property to articulate a cycle of interest convergence, interest divergence, and imperialistic reclamation, or convergence-divergence-reclamation (C-D-R, pronounced "cedar"). We then apply the C-D-R cycle lens to the evolution of federal…

The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

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…

By accepting two appeals on the voluntary use of race in assigning students to public schools, the U.S. Supreme Court will likely decide the constitutionality of widespread practices that school districts use to promote diversity. And the decision could affect schools in unforeseen ways. In both cases, parents of white children have challenged…

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…