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Lewis, Maria M.; Garces, Liliana M.; Frankenberg, Erica – Educational Researcher, 2019
As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…
Descriptors: Public Agencies, Civil Rights, Agency Role, Law Enforcement
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Boykin, Tiffany Fountaine; Palmer, Robert T. – Journal of Negro Education, 2016
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…
Descriptors: School Segregation, Racial Segregation, Affirmative Action, Higher Education
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Orfield, Gary – Educational Researcher, 2013
Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…
Descriptors: Affirmative Action, Civil Rights, Court Litigation, Courts
US Department of Justice, 2011
The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…
Descriptors: Postsecondary Education, Race, Racial Factors, Student Diversity
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Jon S. Iftikar; David H. K. Nguyen – Change: The Magazine of Higher Learning, 2024
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…
Descriptors: Court Litigation, Affirmative Action, College Admission, Civil Rights Legislation
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Parker, Jerry L. – Research Issues in Contemporary Education, 2020
This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…
Descriptors: Constitutional Law, Citizenship, Educational Policy, Civil Rights