Despite existing research that demonstrates the benefits of racial diversity in education, the Court has become increasingly disinclined to allow the use of race or ethnicity in education policy targeted to increase race/ethnic diversity, absent a compelling state interest. The debate over the merits of educational diversity has almost exclusively…

The policies, priorities, and productivity of postsecondary admission offices are under a great deal of scrutiny. The current realities range from the pressures of tuition-driven institutions to deliver the majority of the university budget each fall, to more selective institutions wrestling with standards of which applicants to accept amid…

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…

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…

After decades in the political wilderness, school integration seems poised to make a serious comeback as an education reform strategy. A growing number of parents, university officials, and employers want elementary and secondary schools to better prepare students for the increasingly racially and ethnically diverse society and the global economy.…

In a symposium at the 2012 National Association of Diversity Officers in Higher Education annual conference, Claremont Graduate University Professor Daryl G. Smith, a pioneer in the study of diversity in postsecondary educational contexts, critiqued the disproportionate framing of diversity-related research around past, present, and future U.S.…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

Contemporary music education leaders suggest ambiguous definitions of "diversity," often assuming it both unquestionably good and compatible with equity. The purpose of this inquiry is to explore the assumptions underlying such discourse. First, I use the legal history of diversity in education to examine the American National…

In this article, I argue (1) affirmative action diverts attention from more urgent needs of racial justice in education--better quality K-12 education, and better quality and more accessible public higher education; (2) the increasing wealth of students at affirmative action institutions is a sign of diminished quality of those students compared…

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'…

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…

I argue that enrollment of a diverse student body is but a pragmatic first step toward the broader social goal of inclusion and ask whether motives for campus diversification are aligned with pedagogic goals. I address this question by focusing on inclusion, namely, organizational strategies and practices that promote meaningful social and…

Over the last few years, even as the U.S. Supreme Court was considering the constitutionality of race-conscious policies in postsecondary admissions in "Fisher v. University of Texas" (2016), a new wave of attacks in the conservative agenda to dismantle affirmative action (as the policy is more commonly called) emerged. First, in 2014…

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…

Numerous legal scholars and social scientists have highlighted the ways in which research has informed judicial decision making. Because, in part, of convincing empirical research presented in several landmark cases (e.g., "Grutter v. Bollinger," 2003; "Parents Involved in Community Schools v. Seattle School District No. 1,"…