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,…

This article revisits the University of Michigan's 2003 affirmative action cases, "Grutter v. Bollinger" and "Gratz v. Bollinger." Through the aid of critical textual analysis and critical race theory, the author looks back at the predominant narratives that framed the challenge to, and defense of, race-conscious affirmative…

The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

Controversy surrounding the use of race-conscious admissions can be partially resolved with improved empirical knowledge of the effects of racial diversity in educational settings. We use a national sample of law students nested in 64 law schools to test the complex and largely untested theory regarding the effects of educational diversity on…

After the 2003 U.S. Supreme Court decisions on the University of Michigan admission cases, which struck down racial preferences and quotas in Michigan's undergraduate and law school admission, several groups have challenged race-conscious admission, school placement policies and academic support programs. Even the federal government has challenged…

This legal document addresses whether the University of Michigan's use of racial preferences in undergraduate admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or 42 U.S.C. 1981. This brief filed in support of the petitioners by the federal government argues that…

This legal document asserts that the judgement of the United States Court of Appeals for the Sixth Circuit in Grutter v. Bollinger (No. 02-241) and the order of the United States District Court for the Eastern District of Michigan in Gratz v. Bollinger (No. 02-516) should be affirmed. This brief, filed by five highly selective private universities…

This legal document examines whether the University of Michigan Law School's use of racial preferences in student admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), or 42 U.S.C. 1981. This brief filed by the federal government in support of the…

This legal document asserts that the judgment of the Court of Appeals upholding the constitutionality of the University of Michigan Law School's race-conscious admissions policy should be affirmed. It argues that research evidence in the record supports the compelling interest in promoting educational diversity (the Gurin Report supports the…

This legal document addresses whether the Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978), holding that the educational benefits which flow from a diverse student body to an institution of higher education, its students, and the public it serves are sufficiently compelling to permit the…