Education Commons^™

"Freedom Is Not Enough...": Affirmative Action And J.D. Completion Among Underrepresented People Of Color, Jason M. Scott, Paige Wilson, Andrea Pals

AccessLex Institute Research

In Fall 2022, the Supreme Court heard arguments regarding the future of affirmative action in higher education. Initially, affirmative action policies were adopted to give equal opportunity to communities who have been and continue to be harmed by discriminatory systems and practices. As we wait for the Court’s decision, it is crucial to understand how existent affirmative action bans impact underrepresented people of color’s (uPOC) graduate/professional degree attainment. Data from the Integrated Postsecondary Education Data System, the U.S. Census Bureau, and the Center for Reproductive Rights is analyzed to determine whether affirmative action bans decrease the proportion of uPOC completing …

Protecting Diversity: Can We Afford To Throw Out Grutter Before Its Expiration Date?, Jason M. Scott, Paige Wilson, Tiffane Cochran, Andrea Pals

AccessLex Institute Research

With landmark affirmative action decisions pending from the United States Supreme Court in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, this paper examines whether the educational benefits that flow from diversity acknowledged in Grutter v. Bollinger (2003) persist twenty years later in a law school context. Using data from the American Bar Association (ABA), the U.S. Census Bureau, and the Law School Survey of Student Engagement (LSSSE), we model law school campus diversity as a predictor of attrition, predicted law school GPA, and first-time bar …

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

The Mere Mention Of Asians In Affirmative Action, Jennifer Lee, Van C. Tran

Publications and Research

Presumed competent, U.S. Asians evince exceptional educational outcomes but lack the cultural pedigree of elite whites that safeguard them from bias in the labor market. In spite of their nonwhite minority status, Asians also lack the legacy of disadvantage of blacks that make them eligible beneficiaries of affirmative action. Their labor market disadvantage coupled with their exclusion from affirmative action programs place Asians in a unique bind: do they support policies that give preferences to blacks but exclude them? Given their self- and group interests, this bind should make Asians unlikely to do so. We assess whether this is the …

Sffa V. Harvard: How Affirmative Action Myths Mask White Bonus, Jonathan Feingold

Faculty Scholarship

In the ongoing litigation of Students for Fair Admissions v. Harvard College, Harvard faces allegations that its once-heralded admissions process discriminates against Asian Americans. Public discourse has revealed a dominant narrative: affirmative action is viewed as the presumptive cause of Harvard’s alleged “Asian penalty.” Yet this narrative misrepresents the plaintiff’s own theory of discrimination. Rather than implicating affirmative action, the underlying allegations portray the phenomenon of “negative action” — that is, an admissions regime in which White applicants take the seats of their more qualified Asian-American counterparts. Nonetheless, we are witnessing a broad failure to see this case for what …

What Factors Influence Affirmative-Action Students' Achievement In Brazilian Federal Universities?, Gabriela Martinez Gillespie

FIU Electronic Theses and Dissertations

This study aims to determine what personal and family characteristics, pre-college factors and environmental variables, contribute to affirmative action student success in Brazilian federal universities, as measured by the final college exam. In 2012, Brazil implemented an aggressive and controversial quota-system in federal universities which reserved half of the incoming class spaces to students who graduated from public high schools, followed by prioritization based on income and race. The study used secondary data collected by the Brazilian Ministry of Education; the population includes 6,557 graduating students from the sampled federal universities majors who completed the 2016 ENADE exam (final college …

Branch Rickey, Affirmative Action And 'Merit' In Baseball And Education, Evan H. Caminker

Book Chapters

When General Manager Wesley Branch Rickey broke Organized Baseball’s longstanding color barrier on October 23, 1945, by signing Jackie Robinson to a contract to play for the Montreal Royals, a minor league affiliate of the Brooklyn Dodgers, Rickey catalyzed the movement for racial justice. Millions of people saw, heard, and read about black and white men playing side-by-side. Integrating the national pastime helped challenge segregationist norms across the land, facilitating the integration of military troops and public schools soon thereafter.

Rickey’s stirring call in his 1956 Atlanta address to judge people on their merits rather than their pigmentation still resonates …

When Ivory Towers Were Black: A Story About Race In America's Cities And Universities [Table Of Contents & Introduction], Sharon Egretta Sutton

Education

When Ivory Towers Were Black lies at the potent intersection of race, urban development, and higher education. It tells the story of how an unparalleled cohort of ethnic minority students earned degrees from a world-class university. The story takes place in New York City at Columbia University’s School of Architecture and spans a decade of institutional evolution that mirrored the emergence and denouement of the Black Power Movement. Chronicling a surprisingly little-known era in U.S. educational, architectural, and urban history, the book traces an evolutionary arc that begins with an unsettling effort to end Columbia’s exercise of authoritarian power on …

Mismatch And Science Desistance: Failed Arguments Against Affirmative Action, Richard O. Lempert

Articles

When I attended Michigan Law School in 1966, as a 2L Harvard transfer, there was only one, or perhaps two, African Americans in a student body of about 1100 students, and if there were any students of Latino heritage their presence went unnoticed. When I began teaching at Michigan in the fall of 1968, the situation had begun to change. There were eight or nine African American students in the first year class, the first cohort to be admitted under a newly approved racially sensitive affirmative action program. Since then, Michigan has graduated more than 1500 minority students, most of …

Uno Website-Office Of Equity Access And Diversity-Affirmative Action / Equal Opportunity Statement, Uno Office Of Equity, Access And Diversity

Business/Finance/Operations

The University of Nebraska Omaha (UNO) declares and affirms a policy of equal education and employment opportunities, affirmative action in employment, and nondiscrimination in providing services to the public.

Nu-Website-Bor-Policies-3.1, Nu Board Of Regents

Business/Finance/Operations

RP-3.1 Equal Opportunity/Affirmative Action

Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert

Articles

Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term’s installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice Kennedy could vote to uphold the Fifth Circuit’s reaffirmation of its earlier decision. When the case was heard, this would almost certainly have meant affirming the circuit court’s decision by an equally divided Court. (Justice Kagan, an almost certain supporter …

Diversity In American Graduate Education Admissions: Twenty-First-Century Challenges And Opportunities, Donald Mitchell Jr., Ph.D., Elizabeth A. Daniele

Executives, Administrators, & Staff Publications

While the legal precedent of affirmative action in U.S. higher education is well documented, graduate admissions practices that withstand strict scrutiny need further documentation. This chapter fills that gap in three ways. First, we briefly highlight the history of affirmative action in U.S. higher education as it relates to broadening the participation of URMs. Second, we offer best practices in U.S. graduate admissions that take into account the benefits of diversity while working within legal guidelines. We then close with considerations for future scholarship, policies, and practices.

The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert

Book Chapters

Opponents of affirmative action in higher education commonly cite two principles to justify their opposition. One is that admissions to institutions of higher education should be based on "merit," which is often treated by critics of affirmative action as consisting of little more than test score results and high school or undergraduate grades. The second is the legal and moral imperative of not making consequential decisions based on race. We shall not address these principles except to note that others have shown that they do not make the case against affirmative action (Carbado & Harris 2008, Shultz & Zedeck 2011, …

College Admissions Debates, Oiyan Poon

Education: School of Education Faculty Publications and Other Works

An investigation of affirmative action and its impact on the enrollment of Asian American college students.

An Exploratory Study Of Undergraduates’ Attitudes Toward Affirmative Action Policies For Asian Americans In College, Nicholas D. Hartlep, Robert Jay Lowinger

Faculty Publications - College of Education

This exploratory study examined white undergraduate students’ (a) racial attitudes towards Asian Americans, (b) principled policy attitudes toward affirmative action, and (c) self-interest in relation to their support for college-based affirmative action policies for Asian Americans at a Midwestern university. A sample (n = 264, 28% male, 72% female) of white undergraduate students from a midsized public university in the Midwest was surveyed. The findings indicate that white undergraduate women have significantly more favorable principled policy attitudes toward affirmative action in general and for an affirmative action college policy for Asians, in particular, than do undergraduate males. Implications for issues …

An Equal Opportunity Rejection, Katherine M. Patterson

SURGE

Let’s talk about applications. We’ve all been there. You write your application, work on draft after draft and then you send it all off to the college or job of your dreams. And you wait…and wait…and wait. You wait for some sort of letter or phone call that says something along the lines of, “We love you! You’re awesome, and smart and special, and we think you’d be a great asset!” And maybe you’re lucky and you do get that letter, but let’s be real - that doesn’t always happen. It can be frustrating to receive a rejection letter (or …

The Aesthetics Of Affirmative Action, Brian Soucek

Studio for Law and Culture

Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …

Do Bans On Affirmative Action Hurt Minority Students? Evidence From The Texas Top 10% Plan, Kalena E. Cortes

Upjohn Institute Working Papers

In light of the recent bans on affirmative action in higher education, this paper provides new evidence on the effects of alternative admissions policies on the persistence and college completion of minority students. I find that the change from affirmative action to the Top 10% Plan in Texas decreased both retention and graduation rates of lower-ranked minority students. Results show that both fall-to-fall freshmen retention and six-year college graduation of seconddecile minority students decreased, respectively, by 2.4 and 3.3 percentage points. The effect of the change in admissions policy was slightly larger for minority students in the third and lower …

Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown

Articles by Maurer Faculty

American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.

In light of this …

Brief 16: In Search Of Equity: An Institutional Response, New England Resource Center For Higher Education, University Of Massachusetts Boston

New England Resource Center for Higher Education Publications

The United States Supreme Judicial Court is currently deliberating the University of Michigan Affirmative Action lawsuits involving three white students who claim they were discriminated against because of race-conscious admissions policies. Organizations, such as the Center for Individual Rights, which sponsored the Michigan plaintiffs, and the Center for Equal Opportunity, have spearheaded drives to evaluate affirmative action programs in light of equal protection under the law. Viewed in this light, these policies appear to be unfair to white candidates. Examined more closely, concerns about equitability are missing from arguments about fairness. NERCHE’s Multicultural Affairs Think Tank members discussed the changed …

Counting Quality, John Strassburger

Publications

This is the fifth in a series of occasional papers about the challenges confronting students and what Ursinus is doing to help them enter adult life.

University Of Maine Affirmative Action Plan 1989-1990, University Of Maine

General University of Maine Publications

A document that outline the goals and methods of the Affirmative Action Plan at the University of Maine for the 1989-1990 academic year.

Integration Challenges For The 1980s: Long Range Plans For School Facilities, Lois M. Quinn, Kenneth Robinson

ETI Publications

In 1980 the Milwaukee School Board considered a 1980-90 School Building and Sites Plan which recommends policies for school closings and construction projects for the 1980's. This report by Lois Quinn and Kenneth Robinson of the Metropolitan Integration Research Center discusses the proposals of the School Building and Sites Commission and provides analysis of the three factors which the Commission stated were most important in planning school closings: impact on desegregation, declining enrollments, and budgetary constraints.

Expanding The Concept Of Affirmative Action To Include The Curriculum, Nancy Topping Bazin

Women's & Gender Studies Faculty Publications

Article discusses Old Dominion University's decision to expand of the concept of affirmative action to include the curriculum.

Integration Challenges For The 1980s: Affirmative Action Programs For The Milwaukee Public Schools Administration, Lois M. Quinn

ETI Publications

In March 1976 the Milwaukee Board of School Directors adopted an Affirmative Action Policy Statement for the school system. The statement lists goals designed to achieve a school staffing pattern which is reflective of the Milwaukee community. This report by the Metropolitan Integration Research Center examines the current employment profile of the central administration of the Milwaukee Public Schools to determine what progress has been made in changing minority staffing patterns among administrative staff. Within the MPS administration at central office there are 577 staff, reporting either to the Superintendent or the Secretary-Business Manager. An analysis of staffing patterns in …

Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …