In a plurality opinion in the 1978 Supreme Court case Regents of the University of California v. Bakke, Justice Lewis Powell held that colleges and universities could consider an applicant's race in the admissions process in order to attain a diverse student body. In a pair of cases that will be decided in the current term, the Supreme Court has…

In June, the U.S. Supreme Court brought to a close the country's decades-long experiment in affirmative action in a pair of closely watched cases--"Students for Fair Admissions v. President and Fellows of Harvard College" and "Students for Fair Admissions v. University of North Carolina"--and overturned the use of racial…

The Supreme Court is taking up affirmative action at colleges and universities for the sixth time in 50 years. In that litany, an early case was the University of California vs. Bakke. Bakke complained about being denied admission to the university's medical school because seats were guaranteed for minority applicants, thus barring the door to him…

Affirmative action in postsecondary admissions may be the most visible area where the battles over the consideration of race in educational policy and practice have played out in the law. After decades of sustained legal attacks on the efforts of universities to implement policies that disrupt racial inequalities, many in the higher education…

Affirmative action in education is once again in the media and cultural spotlight. The Trump administration, along with a decidedly rightward shift on the Supreme Court, signal a bleak outlook for affirmative action policies in higher education. However, as educators, we can also use this historical moment to have robust and critical conversations…

Few studies have focused on the role of Asian Americans in influencing how race is understood in affirmative action debates. However, accounting for the complicating presence of Asian Americans in the racial politics of affirmative action has become increasingly important. Informed by racial formation theory, this critical discourse analysis of…

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…

This article examines student perceptions of racial segregation on campus in terms of interaction across racial groups. Theories of colorblind racial ideology are used to interpret data from 14 group interviews focusing on 1.) the degree to which cross-group interaction is desired, 2.) perceptions of racial separation among students at a…

The author examines her journey before and as she pursued tenure and promotion in the academy. She argues that the path to tenure and promotion in higher education institutions was not one designed to provide a fair and equitable process for Black female faculty who function as academic librarians. Further, she suggests that librarians in this…

Justice Goodwin Liu reexamined seminal affirmative action in higher education legal cases beginning with the landmark 1978 case, "Regents of the University of California v. Bakke" and leading up to the U.S. Supreme Court's 2003 decision in "Gratz v. Bollinger." Liu argued that the "Bakke and Gratz" lawsuits were…

After decades in the political wilderness, school integration seems poised to make a serious comeback as an education reform strategy. A growing number of parents, university officials, and employers want elementary and secondary schools to better prepare students for the increasingly racially and ethnically diverse society and the global economy.…

In this chapter, the authors outline critical race theory (CRT) as an analytical framework that originated in schools of law to examine and challenge the continuing significance of race and racism in U.S. society. They then describe the CRT framework within the field of education. CRT scholarship offers an explanatory structure that accounts for…

This multi-layered counterstory contextualizes the Michigan Law School and undergraduate affirmative action cases currently in the higher courts. Set within student intervenor arguments in the Michigan case, it evokes the spirit of Thurgood Marshall to replay history and arguments in the complex legal battles over affirmative action in higher…

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)

Argues that the recent EEOC proposal to abandon using hiring goals and timetables to settle discrimination suits would decimate Federal commitment to affirmative action policies. Reexamines the musunderstood circumstances surrounding the Bakke case and the evolution of civil rights and affirmative action policies to support his case. (ETS)