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…

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…

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…

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…

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…

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…

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,…

Ever since the founding of this country, equality, freedom, and justice have been the underlying values of America's political and educational systems. More than 150 years later, higher education policymakers in the United States began to incorporate these values into their admissions decisions by including ethnic and racial diversity as a stated…

In education, reform tends to follow cycles, often bouncing from one extreme to another without considering the possibility of incorporating multiple perspectives simultaneously. Policies aimed at helping more underrepresented students enter college and complete degrees have bounced from one pole to another, embracing access as the primary goal…

Assessment of Hopwood v Texas ruling on admissions at West Texas A&M University finds it has had little effect on that institution. The school stepped up recruitment efforts, targeting high schools with diverse populations. Additionally, the state's "10 percent" rule automatically made the top 10% percent of graduating students…