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.…

"We are in a war," Health and Human Services Secretary Kathleen Sebelius declared to cheers at a 2011 National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America fund-raiser. Secretary Sebelius was referring in part to the uproar caused by the "HHS Mandate," her agency's rule that employer-provided…

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 article, the author provides a detailed legal history of originalism and investigates whether, and to what extent, originalism is a part of law school teaching on the Constitution. He shares the results of an examination of the leading constitutional law textbooks used in the top fifty law schools and a selection of responses gathered from…

Educational institutions across America face growing pressure to accommodate the religious practices of Muslim students. One of the biggest hot spots in this respect may seem unlikely--the Twin Cities of Minneapolis and St. Paul in America's heartland. In Minnesota, controversies about religious accommodations have arisen at a number of public…

Religious practice dramatically decreases in college and students' positions on hot-button religious/cultural questions move appreciably to the left. There's no doubt that college students are on a quest for meaning. In this article, the author reports on new data that reveals unequivocally the decline of religious practice among college students.…

In this article, the author explores the attempts by academic theorists to replace the conception of marriage as a "natural" institution with the idea that marriage is defined by the state, and is therefore open to whatever transformations the state may choose to impose. This claim, which began in law schools and philosophy departments, eventually…

The federal Higher Education Act of 1965, as amended, defines a "historically" black institution of higher education as "any historically black college or university that was established prior to 1964, whose principle mission was, and is, the education of black Americans." They are usually referred to as HBCUs. Most private black colleges…

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.)

In ubiquitous writings, a Brooklyn College professor has repeatedly drawn attention to the excesses of radical ideologues in higher education. He took his own provost to task for indoctrinating students in a politically myopic policy, inaptly named: "global citizenship." He was most articulate of those who sought redress for the witch hunt…

The litigant in a historic reverse-discrimination case against the University of Michigan, and subsequently the leader of a Michigan ballot initiative that carried the day against long odds, recounts how her simple call for equal treatment under the law persuaded the people of her state that color-conscious preferences are wrong.

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…

When the Supreme Court pronounces on race and education it makes headlines. On 28 June 2007 the Supreme Court revealed its long-anticipated decisions on "Parents Involved in Community Schools v. Seattle School District No. 1 and "Meredith v. Jefferson County," proving that maneuvering the minefield of America's race relations is just as difficult…

"Brown v. Board of Education" only presumed to eliminate the "de jure" apartheid that existed in 1954. It was never intended to resolve the "de facto" gap in minority achievement that still faces education policymakers today. Sociologist David J. Armor goes beyond "Brown" to identify a set of definite risk factors--the devaluation of the family,…