We argue that Alasdair MacIntyre's description of Justice Sandra Day O'Connor as an exemplar of practical reasoning, who envisions the contextual and consensual balancing of different goods according to the further good of the American social order, enables a reinterpretation of O'Connor's majority opinion in "Grutter v. Bollinger," the…

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…

Affirmative Action in higher education exemplifies interest convergence, and beyond this, interest divergence and imperialistic reclamation. Diversity initiatives, such as the Inclusive Excellence initiative, have adopted key strategies and reasoning developed in Affirmative Action Supreme Court cases. This paper shows how semantic concessions and…

The purpose of this paper is to document the indirect effects of the Texas Top Ten Percent Plan on professional school degrees awarded and to propose the far reach of the law as an alternative argument in support of race-conscious admissions policies challenged under the strict scrutiny standard. Designed around the two tests of strict scrutiny,…

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…

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…

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…

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…

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…

Conceptualizing and measuring trends in segregation in higher education is difficult as both vertical and horizontal sorting is prevalent and patterns vary across racial groups. In this paper, we measure various trends in racial segregation in California for 20 years. We find significant sorting by race both between and within sectors of higher…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

In the shadow of the Supreme Court's decision to uphold raceconscious policies in "Fisher v. University of Texas" (2016), and midway to Justice O'Connor's 25-year sunset clause in "Grutter v. Bollinger" (2003), affirmative action remains contentious. This qualitative theoretical study posits that we need not speculate about…

I conduct a series of analyses aimed at assessing equity in selective American colleges over a 20+ year time frame. My main measures of equity are enrollment and completion in selective colleges, which I disaggregate by race/ethnicity. After creating an institutional-level panel data set with variables on college revenues and expenses, tuition,…

Some of the nation's most prominent colleges and universities have abandoned their affirmativeaction-based admission policies and adopted race-neutral affirmative action as a result of twolawsuits against the University of Michigan, which threaten the availability of undergraduate andgraduate program access to applicants of color. In this article,…

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…