The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…

More progress is needed to achieve equity in racial and gender representation in the push to diversify the physical sciences. In order to continue moving towards representation and equity, there is a need for more analytic tools that can help us understand where we are and how we got here. This may also enable meaningful systemic change. In this…

Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, Title VI remains largely unchanged since its adoption. Unlike the Civil Rights Act's better known and more heavily litigated provisions, Title VI is concerned…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

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…

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…

I argue that enrollment of a diverse student body is but a pragmatic first step toward the broader social goal of inclusion and ask whether motives for campus diversification are aligned with pedagogic goals. I address this question by focusing on inclusion, namely, organizational strategies and practices that promote meaningful social and…

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…

Discusses the history of reverse discrimination in employment and how it affects judicial treatment of affirmative action programs in the United States. (CT)

This chapter traces the evolution of the concept of diversity in higher education, noting the real but slow progress in achieving greater inclusion. It highlights Harvard University's experiences, demonstrating why the goal of diversity remains so important to the actual quality and breadth of education for all students and why Harvard's existing…

This chapter asserts that to make the case for affirmative action in higher education based on the diversity rationale, the legal debate must be reconceptualized into a policy-oriented framework. It presents a model dividing policy development into four interrelated parts: goals, objectives, strategy, and design. The policy framework is applied to…