Most education and legal scholarship overlook gendered-race themes in pre-Brown v. Board of Education desegregation higher education cases that remain relevant to examining post-"Brown" race-conscious admissions cases. The author engaged critical race feminism to create a counterstory with Ada Lois Sipuel Fisher, a U.S. Supreme Court…

The policies, priorities, and productivity of postsecondary admission offices are under a great deal of scrutiny. The current realities range from the pressures of tuition-driven institutions to deliver the majority of the university budget each fall, to more selective institutions wrestling with standards of which applicants to accept amid…

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.…

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…

In this article we extend Bell's work on interest convergence by using Harris' work on whiteness as property to articulate a cycle of interest convergence, interest divergence, and imperialistic reclamation, or convergence-divergence-reclamation (C-D-R, pronounced "cedar"). We then apply the C-D-R cycle lens to the evolution of federal…

Diversity today is considered central to the capacity of postsecondary institutions to thrive in an increasingly multiracial and multiethnic society. However, as universities take steps to reap the educational benefits of racial and ethnic diversity, legal decisions and state laws increasingly restrict the tools these institutions have…

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…

Gifted education is often faulted as compromising the principle of equity and perpetuating social inequalities. This article focuses on making gifted education socially defensible and educationally productive. To accomplish this goal, key values and priorities guiding policy and practice, such as excellence, selectivity, diversity, equity and…

This document, which is not legal advice, has been designed to help medical schools work with legal counsel to put into practice the rulings from two Michigan court cases that provide tools for enhancing medical school diversity and outline the contours of a race-conscious/ethnicity-conscious admissions policy likely to pass legal muster. The…

This legal document presents the decision of the U.S. Supreme Court in the case brought against the University of Michigan's use of racial preferences in undergraduate admissions. In Gratz et al. v. Bollinger et al., the Court held that while race is one of a number of factors that can be considered in undergraduate admissions, the automatic…