This article uses philosophical analysis to clarify the arguments and claims about racial discrimination brought forward in the recent legal challenges to affirmative action in higher education admissions. Affirmative action opponents have argued that elite institutions of higher education are using negative action against Asian American…

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…

The author reports on the U.S. Supreme Court hearing regarding the Texas admissions case that exposes gaps in the affirmative-action law. As the Supreme Court heard oral arguments in a lawsuit challenging race-conscious admissions at the University of Texas at Austin, it became evident that the court's past rulings on such policies have failed to…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

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 timeline reflects some of the most significant legal and legislative milestones that have influenced higher education over the 25 years that "Diverse: Issues in Higher Education," formerly "Black Issues in Higher Education," has been in print. The legal battles have primarily involved the settlement of desegregation cases and the use of race…

Thirty years ago, Justice Lewis F. Powell Jr. sent the nation's selective colleges down a path where few had ventured before. In the U.S. Supreme Court's landmark ruling in "Regents of the University of California v. Bakke," he wrote that colleges were legally justified in giving some modest consideration to their applicants' race, so…

The American higher education community found a curious mix of good and bad news in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District and Meredith v. Jefferson County Board of Education", about the use of race-based policies by public elementary and secondary schools. This article discusses this…

This article discusses the curious mix of good and bad news the American higher education community found in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District" and "Meredith v. Jefferson County Board of Education," about the use of race-based policies by public elementary and secondary…

This article examines the "Parents Involved in Community Schools v. Seattle Public School District No. 1" decision in light of its impact on the "Brown" ruling that preceded it. The Supreme Court's 5-4 vote on the matter of desegregation and equal access to educational opportunity signals that a divide exists in the United…

In "Parents Involved in Community Schools v. Seattle School District No. 1," a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, "Parents Involved" was the latest chapter in the Court's almost 40-year history of reaching mixed…

This article examines the specific historical experiences of minority students at the University of Michigan from 1970 to the late 1990s, in order to provide a context for understanding and appreciating the ways in which affirmative action remedies should address patterns of past discrimination.

As described in the 2003 Supreme Court decision on "Grutter v. Bollinger," the newly embraced conceptualization of diversity as "diversity within all disciplines" requires a renewed effort on the part of educators to determine whether universities are fulfilling their missions of achieving faculty diversity. A related and equally important…

While colleges and legal analysts are focusing on what to do in the post-Hopwood world, some of us are still asking whether a move away from affirmative action was a prudent move from the beginning. Is it fair for society to move away from supporting students who have not had an equitable chance at the educational brass ring just because, in most…