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…

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…

According to the authors of "Higher Education for American Democracy," the role of education in a democratic society "is not merely to meet the demands of the present" but to "serve as an instrument of social transition" (p. 6). A democratic university should be a living model of democracy that could embody the civic…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

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…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

In this article, the author analyzed relevant literature focused on the evaluation and holistic admission practices of American graduate programs, including application materials, academic achievement, and non-cognitive variables. This article mainly focuses on the higher education graduate school admission system within the United States after…

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…

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"…

Contemporary music education leaders suggest ambiguous definitions of "diversity," often assuming it both unquestionably good and compatible with equity. The purpose of this inquiry is to explore the assumptions underlying such discourse. First, I use the legal history of diversity in education to examine the American National…

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…

Many school districts have recently revised, or tried to revise, their policies for assigning students to schools, because the legal and political status of racial and other kinds of diversity is uncertain, and the districts are facing fiscal austerity. This article presents case studies of politics and student assignment policy in three large…