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 "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…

In this article, I argue (1) affirmative action diverts attention from more urgent needs of racial justice in education--better quality K-12 education, and better quality and more accessible public higher education; (2) the increasing wealth of students at affirmative action institutions is a sign of diminished quality of those students compared…

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…

The author examines her journey before and as she pursued tenure and promotion in the academy. She argues that the path to tenure and promotion in higher education institutions was not one designed to provide a fair and equitable process for Black female faculty who function as academic librarians. Further, she suggests that librarians in this…

Numerous legal scholars and social scientists have highlighted the ways in which research has informed judicial decision making. Because, in part, of convincing empirical research presented in several landmark cases (e.g., "Grutter v. Bollinger," 2003; "Parents Involved in Community Schools v. Seattle School District No. 1,"…

In education, reform tends to follow cycles, often bouncing from one extreme to another without considering the possibility of incorporating multiple perspectives simultaneously. Policies aimed at helping more underrepresented students enter college and complete degrees have bounced from one pole to another, embracing access as the primary goal…

Kathleen Manning identifies seven philosophical positions in relation to the broad issue of difference. Recognizing and understanding where they stand in this matrix allows educators to work more effectively with students, faculty, and staff about the complex and sometimes contested issue of difference.

This article examines current issues regarding affirmative action in today's institutions of higher learning. It addresses the two recent cases decided before the U.S. Supreme Court concerning the University of Michigan's policy. Two other recent and related issues, the "Hopwood" case and California's Proposition 209 approach, are also…