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…

Despite Supreme Court cases which have upheld the 1978 Bakke ruling, the Department of Justice (DOJ) is considering challenging colleges that consider race as a factor in admissions. As colleges and universities prepare to return to the fray in response to the most recent surfacing of this issue, One might ask if everything possible is being done…

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…

The instability of the U.S. economy and its competitiveness in the global market has lead to increase request for investment in Higher Education programs. There exists a rising awareness among scholars of how inextricably education is tied to the strength of the economy, the well being of its populace, as well as the importance of a diversified…

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…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

Suggests that Bakke was not rejected because he was white or because of a minority program, but rather because he was not highly qualified and in addition possibly because of his age. (Author/AM)

The importance of diversity and inclusion to higher education was the focus of intense legal and social scientific analysis in the decisions of the United States Supreme Court concerning affirmative action at the University of Michigan. The leadership of higher education and several other sectors of society offered overwhelming support, and a…

This article examines two questions regarding the Bakke decision. First, does the decision really say "yes" to race and "no" to quotas? Second, what criteria, in addition to race, may be used in an admissions program that will advance the cause of minority participation in higher education? (Author/MC)

Given the essence of the Bakke decision, it is now incumbant upon committed faculties in the nation's universities to continue to implement affirmative action policies which do, in fact, articulate race as a legitimate criterion for admission. (Author/EB)

Choosing from among the many who are qualified in order to achieve, among other things, the racial and ethnic diversity so important to our institutions, cannot be left to chance. There are many ways to achieve diversity, but race must be specifically considered in choosing a student body. (Author/EB)

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 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…

The Carnegie Council's position on public and academic policy issues involved in the Bakke case is summarized in this publication. The Council holds that the racial experience of an academically admissible student is among the criteria relevant to admissions decisions. In speaking of race, the experience of persons raised in non English speaking…

Concludes that beyond any judicial fiat, affirmative action is a simple moral and political imperative, with its justifications deeply rooted in history. (Author/AM)