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…

The Coalition of Asian American Associations (CAAA) and Asian American Coalition for Education (AACE), two small but vocal groups of Asian Americans, have argued against affirmative action practices. One of their more prominent claims is that Asian American applicants who are not accepted and do not attend their first-choice colleges face 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…

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

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…

In a symposium at the 2012 National Association of Diversity Officers in Higher Education annual conference, Claremont Graduate University Professor Daryl G. Smith, a pioneer in the study of diversity in postsecondary educational contexts, critiqued the disproportionate framing of diversity-related research around past, present, and future U.S.…

Pursuant to Supreme Court Rule 37, the American Educational Research Association (AERA) et al. submit this brief as "amici curiae" in support of Respondents. "Amici curiae" comprise several of the nation's leading research associations: the American Educational Research Association, the American Association for the Advancement…

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,"…

The author's primary aims are to clarify the differing rationales for affirmative action that have emerged in five nations--France, India, South Africa, the United States, and Brazil--and to make the case for the most compelling rationales, whether instrumentally or morally based. She examines the different social contexts surrounding the…

The gap between Blacks and Whites in educational outcomes has narrowed dramatically over the past 60 years, but progress stopped around 1990. The author reviews research suggesting that increasing the quantity and quality of schooling can play a powerful role in overcoming racial inequality. To achieve that goal, he reasons, our knowledge of best…

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…

How did "diversity" come to occupy such a key position in public discourse, particularly concerning education policy? Given the widespread recognition of diversity, is there an intellectual tradition or philosophical orientation that informs its application to education? And, based on the traditions examined, what is gained and lost by focusing on…

Reviews two books: "Beyond Affirmative Action: Reframing the Context of Higher Education" (Robert A. Ibarra) and "Diversity Challenged: Evidence on the Impact of Affirmative Action" (Gary Orfield and Michael Kurlaender). Discusses what is known about affirmative action in higher education, what educators consider affirmative action's appropriate…

Data presented here are based on responses to mail questionnaires which focused on the multiple roles of women in the educational research community; women as students, as faculty members, and as employees in research organizations. (Author/AM)

Notes that an affirmative action plan for women in educational research should be a policy document, not simply a passive statement of principle including more than a statement for commitment, goals and timetables. (Author/AM)