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,…

The Supreme Court has established the parameters within which universities can practice race-conscious affirmative action for college admissions in a series of decisions beginning in l978. The key issues concern the educational impact of campus diversity and whether or not it is necessary to give some consideration to students' race into order to…

Through an analysis of relevant social science evidence, this article provides a deeper understanding of critical mass, a concept that has become central in litigation efforts related to affirmative action admissions policies that seek to further the educational benefits of diversity. We demonstrate that the concept of critical mass requires an…

An exploratory study of applicants who rejected admission to the Texas Academy of Mathematics and Science (TAMS) is described in this article. TAMS is a residential early college entry program at the University of North Texas in Denton. Up to 600 mathematically talented sophomores apply to TAMS each year and among the 200 selectees, a predictable…

This study examines the impact of affirmative action bans in six states (California, Washington, Florida, Texas, Michigan, and Nebraska) on the matriculation rates of historically underrepresented students of color in public medical schools in these states. Findings show that affirmative action bans have led to about a 17% decline (from 18.5% to…

It has been a long, litigious road from Heman Sweatt, an African-American mail carrier who wanted to attend the prestigious, all-White law school at the University of Texas at Austin in 1946, to Abigail Fisher, a White high school student who failed to win undergraduate admission to the same university a half-century later. Depending on what the…

Affirmative action in college admissions was effectively banned in Texas by the Hopwood ruling in 1997, by voter referenda in California and Washington in 1996 and 1998, and by administrative decisions in Florida in 1999. The "Hopwood" and "Johnson" rulings also had possible applicability to public colleges throughout Alabama,…

The author reports on the U.S. Supreme Court hearing regarding the Texas admissions case that exposes gaps in the affirmative-action law. As the Supreme Court heard oral arguments in a lawsuit challenging race-conscious admissions at the University of Texas at Austin, it became evident that the court's past rulings on such policies have failed to…

The Supreme Court has granted review for the 2012 term in the case "Fisher v. University of Texas." Abigail Fisher, a rejected white applicant to the University of Texas, has challenged the use of racial and ethnic admission preferences, which the Court had allowed in its 2003 decision involving the University of Michigan law school,…

The author reports on a Supreme Court case that is echoing across the University of Texas at Austin, and for some students, it is personal. Not long after the U.S. Supreme Court agreed to hear Abigail Fisher's case against the University of Texas at Austin, a lighthearted joke made the rounds at the Warfield Center for African and African-American…

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,…

The Texas Academy of Mathematics and Science (TAMS) is a publicly financed, residential early college entrance institute at the University of North Texas at Denton. Created in 1987, TAMS enables high-achieving students planning STEM careers to complete their last 2 years of high school simultaneously with their first 2 years of college. Admission…

In light of the recent bans on affirmative action in higher education, this paper provides new evidence on the effects of alternative admissions policies on the persistence and college completion of minority students. I find that the change from affirmative action to the Top 10% Plan in Texas decreased both retention and graduation rates of…

This article reports the results of a new study on the impact of bans on race-conscious admissions policies which seem to confirm what many critics of affirmative action have long suspected: It is Asian-Americans, rather than whites, who are most disadvantaged by elite universities' consideration of ethnicity and race. Left unanswered are the…

A growing body of research examines the effects of state affirmative action bans on domestic minority students' application and admission rates. This study expands previous research, considering how Texas's implementation of a race-neutral percent plan influenced admission opportunities for two understudied groups: foreign students and in-state…