This article describes the outcomes of the case "Fisher v. University of Texas at Austin," in which the plaintiff had accused the University of Texas (UT) of racial discrimination in the admission process. The author believes that the ruling of the court in this case makes it harder to hide race-based measures used in college admissions.…

Russell K. Nieli writes in this opinion paper that as far as the ability of state colleges and universities to use race as a criteria for admission goes, "Fisher v. Texas" was a big disappointment, and failed in the most basic way. Nieli states that although some affirmative action opponents have tried to put a more positive spin on the…

The Supreme Court has granted review for the 2012 term in the case "Fisher v. University of Texas." Abigail Fisher, a rejected white applicant to the University of Texas, has challenged the use of racial and ethnic admission preferences, which the Court had allowed in its 2003 decision involving the University of Michigan law school, "Grutter v.…

In this essay, the author discusses how affirmative action contributed to an unnatural rise in enrollments in college. In considering the higher education bubble, he makes the case that as the opposition to preferences continues to build, the momentum of this trend will only increase as funding shrinks. He offers some tentative answers to a series…

The assumption behind the fierce competition for admission to elite colleges and universities is clear: The more elite the school one attends, the brighter one's future. That assumption, however, may well be flawed. The research examined recently by the U.S. Commission on Civil Rights provides strong reason to believe that attending the most…

Diversity is said to bring about a host of educational benefits, yet on campus or off, things aren't working out the way diversity experts planned. In this article, the author reviews recent research challenging the "contact hypothesis," which asserts that putting individuals of disparate cultural backgrounds in the classroom and other social…

In his keynote address at "Race and Gender Preferences at the Crossroads," a January 2008 conference organized by the California Association of Scholars, Ward Connerly confidently asserts that the era of explicit race preferences will soon be "deader than a doornail." However, it is up to those who remember (in the words of John F. Kennedy) that…

"The first law of unintended consequences is that you can never know what they will be or how far they will reach." Professor Ellis examines the injuries American higher education has sustained through the unintended consequences of diversity. (Contains 4 footnotes.)

Professor Cohen describes the arduous path to the passage of Proposition 2 in Michigan in 2006. In considering the reasons for its victory, he shows how claims (sometimes well-intended) "for" preferences rest on truly bad arguments. (Contains 8 footnotes.)

Advocates of preferences generally claim the moral high ground, insisting that we need them to advance the common social good. To oppose preferences, therefore, is "to act immorally." Preference's champions view them as weapons against hierarchy and oppression. Their foes stress individual identity and autonomy. The outcome of the debate will…

Are we facing the end of racial preferences in America? Mr. Clegg thinks we probably are, and examines the role demographics, law, attraction, and vision may play in their demise. What makes preferences still attractive to so many people? Do most Americans share a vision that includes the continued use of racial preferences? Mr. Clegg offers a…

Significant voices have begun challenging the orthodox view of America as a land of limited opportunities for minorities, with the Obama phenomena constituting the most conspicuous case in point. Mr. Hicks explains why racial preferences have failed and discusses the challenges Americans face in transcending divisions caused by identity politics.…

Race preferences and the postmodern version of multiculturalism have always triggered opposition in academia, but it has seldom come from the political left. Now things are changing. Growing unease in the academic "priesthood" over preferences and multiculturalism may herald their end. Longstanding opponents of racial discrimination and identity…

The idea that lawsuits can move a public as well as a legal agenda is not new. In recent years, conservatives have brought high profile lawsuits designed both to vindicate the rights of an individual plaintiff and to educate the public about an important issue. For example, lawsuits filed nearly 10 years ago against the University of Michigan's…

In pausing to reflect on twenty years service tending the fragile vineyards of higher education reform as president and one of the founders of the National Association of Scholars, Stephen H. Balch stops to toast his hardy fellow vintners. Dr. Balch raises a weary but wiser glass to those who across the years and in many states have braved harsh…