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…

I conduct a series of analyses aimed at assessing equity in selective American colleges over a 20+ year time frame. My main measures of equity are enrollment and completion in selective colleges, which I disaggregate by race/ethnicity. After creating an institutional-level panel data set with variables on college revenues and expenses, tuition,…

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…

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 "Fisher v. University of Texas at Austin" (2013), the U.S. Supreme Court most recently recognized the right of universities to pursue a mission-centered interest in the educational benefits of student body diversity. The decision, however, also reminded institutions of the limited ways they are allowed to consider race in admissions…

The racial diversification of America's higher education system has been at the forefront of legal argument for the last seventy-five years. Ground-breaking decisions birthed the inclusion of affirmative action policies in higher education after the enactment of the Civil Rights Act of 1964. In recent years, both the utility and constitutionality…

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…

It will come as no surprise to most admission professionals that enrollment pressures related to the economic downturn of the last five years have placed American postsecondary education in the middle of a spinning plate, slipping and sliding as it tries to accommodate more students with fewer financial resources from federal and state…

What happens to race in public discussions about "race-neutral" college admissions policies? This article shows how race disappeared from elite political debate during hearings on Texas Senate Bill 175 (2009), the Top Ten Percent Plan (the Plan), which guaranteed college admissions to high school graduates from the top 10% of their…

At the heart of the longstanding debate of addressing racial inequities in higher education is an argument about whether race should be a factor in admissions decisions. One argument is that institutions should be held accountable for diversity through external policies like affirmative action. Alternatively, there is the position that…

Diversity today is considered central to the capacity of postsecondary institutions to thrive in an increasingly multiracial and multiethnic society. However, as universities take steps to reap the educational benefits of racial and ethnic diversity, legal decisions and state laws increasingly restrict the tools these institutions have…

The use of affirmative action admissions practices in U.S. colleges and universities has been a source of contentious public debate and legal battles since the policy's inception in the 1960s. The legal challenges to race-conscious admissions will continue for the foreseeable future, including renewed court scrutiny on specific universities'…