Many institutions of higher learning aim to promote greater racial diversity to harness learning benefits and foster a sense of inclusion. Nevertheless, the institutional pursuit of racial diversity is difficult to benchmark. The current constitutional boundary limits the use of race to promote the diversity in college admissions to a…

Diversity is a ubiquitous concept in Education. Our contemporary racial discourse has been taken over by diversity talk. That is, to talk about race in the colorblind era in the contexts of school admissions or educational policy is to do so through the language of diversity. However, the hegemonic ascendancy of diversity has been dependent on the…

Russell K. Nieli writes in this opinion paper that as far as the ability of state colleges and universities to use race as a criteria for admission goes, "Fisher v. Texas" was a big disappointment, and failed in the most basic way. Nieli states that although some affirmative action opponents have tried to put a more positive spin on the…

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…

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

After the 2003 U.S. Supreme Court decisions on the University of Michigan admission cases, which struck down racial preferences and quotas in Michigan's undergraduate and law school admission, several groups have challenged race-conscious admission, school placement policies and academic support programs. Even the federal government has challenged…

The United States Supreme Court has had a significant role in the exploration and definition of affirmative action in this country. No more so than in the recent decisions related to the University of Michigan admissions cases. This article will explore the historical role of the U.S. Supreme Court and the decisions that this entity has made in…