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…

This report catalogues the growth of the modern mixed-race population in the United States and highlights the many complications this population presents for the future of civil rights law and policy. What is most distinctive of today's mixed-race individuals is their assertion of a mixed-race identity which they claim embodies a different…

White men who enslaved people of African descent and wrote the U.S. Constitution never imagined Blackwomen as persons who would become educated citizens. Acknowledgments and legal interpretations to affirm Blackwomen's personhood are absent from the romanticized document. We argue that in academia the intersecting contract is imposed on…

Detecting racial discrimination using observational data is challenging because of the presence of unobservables that may be correlated with race. Using data made public in the SFFA v. Harvard case, we estimate discrimination in a setting where this concern is mitigated. Namely, we show that there is a substantial penalty against Asian Americans…

A court decision in California, Larry P. v. Riles (1979) case, ruled in favor of African American students who were disproportionately and wrongly placed in special education (E.M.R. -- educable mentally retarded) classes. Standardized intelligence tests were biased, discriminatory and failed to identify the academic need to support African…

This investigation employs the deconstruction techniques of Jacques Derrida to critique the Plessy v. Ferguson 1896 Supreme Court decision which segregated the Public Schools. Overturned by Brown v. the Board of Education of Topeka 1954, Plessy's racist message reverberates today in the cultural divide, in right-wing media, in politics, and in…

Despite earning the highest grade point average (GPA) in her graduating class at the recently integrated Cleveland High School (CHS) in Cleveland, Mississippi, Ms. Jasmine Shepard, an African-American female, was named "co-valedictorian" with Ms. Heather Bouse, a White female, who had a lower GPA. Utilizing Derrick Bell's rules of racial…

In tenure and promotion denial lawsuits against historically White institutions, Black professors submit evidence of discrimination based on implicit and explicit bias and gendered racism, yet legal redress rarely occurs because many courts will not recognize structural inequities as a persisting reality in academia. Informed by intersectional…

Despite the marginal success that anti-affirmative action groups have had at paring back the use of race in college admissions practices, affirmative action has remained largely in-tact as a tool to promote diversity on college campuses. But what might happen if "diversity"--the very thing that heretofore has protected affirmative…

Policies in education ensure that educators and educational leaders are receiving and implementing equitable and adequate educational services and opportunities to all students. Some of these policies are proactive and others are reactive. In 2018, Judge Singleton decided in the "Yazzie-Martinez v. NM" (2018) court case the State of NM…

This paper attempts to present a Critical Discourse Analysis (CDA) of Nelson Mandela's defense speech "I am prepared to die," which was delivered in 1964 during his trial in what is often called as Rivonia Trial. More specifically, the paper tries to explore the hidden relations of power and ideologies that have been encoded in Mandela's…

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…

The Individuals with Disabilities Education Act has deep roots in the civil rights movement; however, the legislation, as currently applied, has done little to address racial inequities in services students with disabilities receive. Too often, schools, districts, and states focus on complying with the regulations, while failing to make necessary…

This conceptual paper analyzes persistent challenges to racially diversify higher education in Texas, paying special attention to trends at this Southern state's most selective flagship--University of Texas at Austin. We apply critical race theorist Kimberlè Crenshaw's frame of race liberalism and her view of equality as either expansive or…

Using newly available data on all civil rights complaints submitted to the U.S. Department of Education's Office for Civil Rights related to racial discrimination in discipline between 1999 and 2018, I provide the first systematic evidence on how modern federal civil rights enforcement is used to address racial discrimination in discipline. I find…