The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

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…

Many institutions of higher learning aim to promote greater racial diversity to harness learning benefits and foster a sense of inclusion. Nevertheless, the institutional pursuit of racial diversity is difficult to benchmark. The current constitutional boundary limits the use of race to promote the diversity in college admissions to a…

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…

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…

This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

Guided by a bottom-up policy implementation framework, this study draws from semi-structured interviews of 14 campus-level administrators charged with implementing diversity policy at the University of Michigan to investigate how an affirmative action ban (Proposal 2) influenced their efforts in support of racial/ethnic diversity at the…

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…

It will come as no surprise to most admission professionals that enrollment pressures related to the economic downturn of the last five years have placed American postsecondary education in the middle of a spinning plate, slipping and sliding as it tries to accommodate more students with fewer financial resources from federal and state…

Diversity today is considered central to the capacity of postsecondary institutions to thrive in an increasingly multiracial and multiethnic society. However, as universities take steps to reap the educational benefits of racial and ethnic diversity, legal decisions and state laws increasingly restrict the tools these institutions have…

The use of affirmative action admissions practices in U.S. colleges and universities has been a source of contentious public debate and legal battles since the policy's inception in the 1960s. The legal challenges to race-conscious admissions will continue for the foreseeable future, including renewed court scrutiny on specific universities'…

The college access debate in America remains an important one. Affirmative action policies and practices continue to occupy a significant sub-component of the overall college access discussion. Recent legal debates and policy changes pertaining to affirmative action have encouraged analysis surrounding the overall viability and fairness of these…

At Middlebury College--and on campuses throughout the country--class is coming out of the closet. Long hidden from view, economic status is emerging from the shadows, as once-taboo discussions are taking shape. The growing economic divide in America, and on American campuses, has given rise to new student organizations, and new dialogues, focused…

The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…