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…

Numerous legal scholars and social scientists have highlighted the ways in which research has informed judicial decision making. Because, in part, of convincing empirical research presented in several landmark cases (e.g., "Grutter v. Bollinger," 2003; "Parents Involved in Community Schools v. Seattle School District No. 1,"…

This article examines the origins and development of citizenship and equal rights by the Reconstruction Congress (1865-1875) to determine if it created a new constitutional order that is color blind and thus prohibits the use of racial classifications by government to achieve school desegregation and affirmative action programs. The theory of…