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,…

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…

With a decision pending in two lawsuits challenging race-conscious admissions practices at Harvard and the University of North Carolina at Chapel Hill (UNC), many observers are predicting that the US Supreme Court will significantly limit, if not completely prohibit, the use of race in college and university admissions. However if the United…

Previous policy analysis of the Top Ten Percent Plan (TTPP) has focused on the outcomes of the policy (e.g., Card & Krueger, 2005; Kain & O'Brien, 2004; Long, 2004), answering questions such as whether the TTPP led to increased or decreased access for particular groups. Absent from the literature is an analysis of the policy-change process…

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…

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…

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…

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…

It has been a long, litigious road from Heman Sweatt, an African-American mail carrier who wanted to attend the prestigious, all-White law school at the University of Texas at Austin in 1946, to Abigail Fisher, a White high school student who failed to win undergraduate admission to the same university a half-century later. Depending on what the…

We investigate the efficacy and equity of college admissions criteria by estimating the effect of multiple measures of college readiness on college performance in the context of race-blind automatic admissions policies. We take advantage of a unique institutional feature of the Texas higher education system to control for selection into…

The future of affirmative action in education--not just for colleges but potentially for K-12 schools as well--may be on the line when the U.S. Supreme Court takes up a race-conscious admissions plan from the University of Texas next month. That seems apparent to the scores of education groups that have lined up behind the university with…

The Supreme Court has granted review for the 2012 term in the case "Fisher v. University of Texas." Abigail Fisher, a rejected white applicant to the University of Texas, has challenged the use of racial and ethnic admission preferences, which the Court had allowed in its 2003 decision involving the University of Michigan law school,…