Although affirmative action in college admissions has not been declared unconstitutional by the Supreme Court, the consideration of race in admissions has been banned in nine states--in six of them by public vote. This article analyzes the campaigns to ban affirmative action in California and Michigan as a battle between interest groups. The…

In this article, the authors interpret affirmative actions with reference to structural violence, which is accompanied by legitimizing discourses that tend to make discrimination appear natural and unquestionable. They illustrate the extension of structural violence in Brazilian society with particular reference to access to higher education. It…

Opponents of affirmative action in the Fisher Supreme Court case claim that race-conscious admissions policies discriminate against Asian American applicants and impose a "higher bar" in college admissions than for other students. In their amicus brief supporting the plaintiff in the Fisher case, 80-20 states that, "Asian American…

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.…

This paper examines how affirmative action in Brazilian public universities has evolved from the start of the new millennium up to recent years. After an overview of the existing policies in public universities, we explain these patterns based on an analysis of the processes internal and external to the universities. Although these policies were…

The value of a college degree continues to rise. A bachelor's degree in particular provides unrivaled economic and health benefits not just for the individual earning the degree, but for the entire state. Therefore, it is not surprising to see growing demand for a college education coupled with growing eligibility for California's public…

Unbundling is the process through which products previously sold together are separated into their constituent parts. In higher education, this dynamic has been driven primarily by financial motivations, and spearheaded by the for-profit sector, but also has pedagogical motivations through its emphasis on personalisation and employability. This…

Despite the popular belief that affirmative action gives Black and Latino students an unfair advantage, these students are still underrepresented at the nation's selective colleges and at two- and four-year public colleges and universities in the vast majority of states. The truth is, it isn't enough to just believe that racial inequality is a…

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

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…

We use the Critical Race Theory frameworks of interest convergence and divergence to critique the anti-affirmative action movement's co-option of Asian Americans. Past discussions of affirmative action and Asian Americans mainly concentrate on how Asian Americans are affected by affirmative action, whether positively or negatively. We demonstrate…

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…

Direct comparisons of American and Canadian faculty and students' views concerning issues of race, gender, and affirmative action in higher education are rare. The 1999 North American Academic Study Survey provides a unique opportunity to analyze the role of national and positional factors in faculty and student attitudes towards race, gender, and…

In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

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…