The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

In this article, the author argues that given the Supreme Court's recent decision to ban affirmative action, there is much to be done to maintain and increase diversity in a race-neutral admissions environment. Those who oversee admissions/enrollment planning and strategic enrollment management must find innovative ways to accomplish this. The…

The most recent data on the labor force participation rate of individuals who identify as being blind or having vision loss in the United States indicate it is approximately 44%. In 2014, the Office of Federal Contract Compliance Programs promulgated regulations pertaining to Section 503 of the Rehabilitation Act of 1973 to address the continued…

In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…

In this article, we examine and explore how the recent US Supreme Court case on affirmative action within higher education will shape and contextualize disproportionate minority representation and its monitoring within a K-12 public school context for students with disabilities. That is, as the litigation and ultimate judicial decision shape how…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

This article highlights the black movement's centrality to building anti-racist universities in Brazil. It examines the questioning of the racial democracy myth within Brazilian universities as well as in the Brazilian mainstream media since the beginning of the new millennium. This debate was referred to the Supreme Court, which affirmed the…

The purpose of this historical examination is to first understand the context of United States affirmative action legislation and its importance. It provides a spotlight on Indiana University Bloomington (IUB) during the civil rights movement and what led to the creation of policies that would forever impact the institutional makeup of IUB.…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

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…

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…

The National Association of Scholars believes that higher education should gather scholars and students to cultivate excellence and pursue the truth, transmit the heritage of Western civilization to a new generation, prepare cultured and virtuous citizens, and train students for vocational success. American colleges and universities should embody…

It is not often that Supreme Court watchers agree; however, right now, it seems that most agree on one thing: the Supreme Court term that started in October 2013 is going to be a blockbuster. The docket over the last couple of years has had more than its fair share of headline-grabbing cases, from gay marriage to Obamacare to the Voting Rights…

The "Bakke" decision marked a turning point in higher education. Tested again most recently in "Fisher v. University of Texas at Austin," affirmative action policy remains in place even as the Roberts Court shakes its foundation by demanding a degree of administrative oversight not pursued by previous Courts. In spite of…

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…