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,…

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…

The Supreme Court has established the parameters within which universities can practice race-conscious affirmative action for college admissions in a series of decisions beginning in l978. The key issues concern the educational impact of campus diversity and whether or not it is necessary to give some consideration to students' race into order to…

Over the last few years, even as the U.S. Supreme Court was considering the constitutionality of race-conscious policies in postsecondary admissions in "Fisher v. University of Texas" (2016), a new wave of attacks in the conservative agenda to dismantle affirmative action (as the policy is more commonly called) emerged. First, in 2014…

Despite existing research that demonstrates the benefits of racial diversity in education, the Court has become increasingly disinclined to allow the use of race or ethnicity in education policy targeted to increase race/ethnic diversity, absent a compelling state interest. The debate over the merits of educational diversity has almost exclusively…

We use the Critical Race Theory frameworks of interest convergence and divergence to critique the anti-affirmative action movement's co-option of Asian Americans. Past discussions of affirmative action and Asian Americans mainly concentrate on how Asian Americans are affected by affirmative action, whether positively or negatively. We demonstrate…

Using race as a factor in admissions policies was contested in "Fisher v. University of Texas at Austin." Although the U.S. Supreme Court firmly held in "Grutter v. Bollinger" that race can be considered among many factors in admitting students, the recent decision in "Fisher" has posed many questions and challenges…

In this article we extend Bell's work on interest convergence by using Harris' work on whiteness as property to articulate a cycle of interest convergence, interest divergence, and imperialistic reclamation, or convergence-divergence-reclamation (C-D-R, pronounced "cedar"). We then apply the C-D-R cycle lens to the evolution of federal…

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…

Through an analysis of relevant social science evidence, this article provides a deeper understanding of critical mass, a concept that has become central in litigation efforts related to affirmative action admissions policies that seek to further the educational benefits of diversity. We demonstrate that the concept of critical mass requires an…

What happens to race in public discussions about "race-neutral" college admissions policies? This article shows how race disappeared from elite political debate during hearings on Texas Senate Bill 175 (2009), the Top Ten Percent Plan (the Plan), which guaranteed college admissions to high school graduates from the top 10% of their…

At the heart of the longstanding debate of addressing racial inequities in higher education is an argument about whether race should be a factor in admissions decisions. One argument is that institutions should be held accountable for diversity through external policies like affirmative action. Alternatively, there is the position that…

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,"…

The homepage of the Project on Fair Representation (POFR) features a smiling photo of Abigail Fisher, the young White woman at the center of "Fisher v. the University of Texas," which could end race as a criterion in university admissions. Edward Blum, founder of POFR, a conservative advocacy group, connected Fisher with Wiley Rein LLP,…