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…

Some of the nation's most prominent colleges and universities have abandoned their affirmativeaction-based admission policies and adopted race-neutral affirmative action as a result of twolawsuits against the University of Michigan, which threaten the availability of undergraduate andgraduate program access to applicants of color. In this article,…

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

Despite being academically unqualified for admission to the University of Texas at Austin, Abigail Fisher, a White female, argued that she was not admitted due to the university's diversity policy. In addition to framing postsecondary admissions as a zero-sum phenomenon, Ms. Fisher intentionally frames students of color who are admitted to the…

Few studies have focused on the role of Asian Americans in influencing how race is understood in affirmative action debates. However, accounting for the complicating presence of Asian Americans in the racial politics of affirmative action has become increasingly important. Informed by racial formation theory, this critical discourse analysis of…

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…

For the second time in three years, the Supreme Court is reviewing the constitutionality of a race-conscious admissions policy at the University of Texas, Austin. While the case, "Fisher v. University of Texas," raises questions specific to UT Austin, the Court's second review could change the ways higher education institutions across…

"Gerrymandering" is known best as a tool to manipulate boundaries for voting districts, but school districts have long used the same tool to manipulate school boundaries. The author used geospatial techniques--mapping various kinds of demographic data onto school boundaries--to examine public school attendance zones and their effect on…

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.…

Russell K. Nieli writes in this opinion paper that as far as the ability of state colleges and universities to use race as a criteria for admission goes, "Fisher v. Texas" was a big disappointment, and failed in the most basic way. Nieli states that although some affirmative action opponents have tried to put a more positive spin on the…

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…

Using race as a factor in admissions policies was contested in "Fisher v. University of Texas at Austin." Although the U.S. Supreme Court firmly held in "Grutter v. Bollinger" that race can be considered among many factors in admitting students, the recent decision in "Fisher" has posed many questions and challenges…

Legal decisions about affirmative action in higher education do more than impact how admissions policies are structured. The discourse produced in these decisions structures how race is talked about, understood, and enacted in the context of higher education and beyond. However, critique of affirmative action rhetoric in the legal realm tends to…

Using critical discourse analysis, this study assesses reader comments to newspaper articles on the "Fisher v. University of Texas at Austin" Supreme Court case. The Fisher case challenges the consideration of race in the college admissions process at UT. Findings show that this racial equity practice was framed as being antithetical to…