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…

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,"…

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…

Over the past several decades, affirmative action has become a widely-debated issue in higher education. According to research, race-sensitive admissions policies engender significant advantages for students of all racial backgrounds, yet critics claim that these benefits are matched by significant costs--particularly in terms of minority student…

The Carnegie Council's position on public and academic policy issues involved in the Bakke case is summarized in this publication. The Council holds that the racial experience of an academically admissible student is among the criteria relevant to admissions decisions. In speaking of race, the experience of persons raised in non English speaking…

Introductory comments for a seminar on the Bakke decision and implications for the issue of equity of access are presented. It is suggested that before the Bakke case public support for affirmative action admissions programs was diminishing; and that if affirmative action had continued as it was being operated, its negative effects may have been…

This paper describes the college admission process through the conceptual lens of Dickason's (2001) phases of affirmative action. The first phase, obligatory affirmative action, describes the history of affirmative action and the impact on college admission. The second phase, voluntary affirmative action, describes University of West Florida's…

The question of how graduate schools can include race as an admission criteria and give equitable treatment in admissions decisions is addressed by considering some aspects of the Graduate Record Examination (GRE) scores and the use and misuse of test scores in admissions procedures. The GRE is used in admissions procedures to prove an…

Dr. Wallace Loh still remembers the sting of hearing his high school teachers in Peru call him "el chino"--Spanish for "Chinese boy." Why didn't they simply use his name? After all, they did so with his classmates. They typically did not single out students of other foreign nationalities, such as calling the German student…

In a University of Texas-Austin case in which four white applicants to the law school were rejected, a federal judge has upheld the college's right to consider race and ethnicity as admissions factors, but also outlined strict limits on use of affirmative action in assessing applicants, which could pose legal problems for some colleges. (MSE)

Elite universities will be returning to court to clarify the murky ruling in "Grutter v. Bollinger". Thomas E. Wood predicts that judges will again have to pass judgment on the constitutionality of dubious scheming by elite universities to achieve their critical mass of black students legitimately--without resort to tacit quotas and…

The Regents of the University of California v. Bakke case in the U.S. Supreme Court and background information on the previous cases in California are presented. Allan Bakke is a white male who applied to the Davis medical school in both 1973 and 1974 and was refused admission even though admission slots under the college's special admissions…

In the first U.S. Supreme Court case concerning affirmative action in higher education (Regents of the University of California v. Bakke, 1978), the splintered court decided that racial diversity serves a compelling state interest, allowing public institutions to count race as one of many diversity factors for admission. Due to the illusive…

The way that the University of North Carolina, Chapel Hill, has tried to depoliticize minority admissions through the use of predicted graduation equations that are race specific is examined. Multiple regression and discriminant analyses were used with nine independent variables (primarily academic) to predict graduation status of 1974 entering…