Research and Trends Political and Legal Issues

Does Affirmative Action Really Hurt Blacks and Latinos in U.S. Law Schools? (pdf) by William C. Kidder
This policy brief demonstrates that Sander’s prediction of a 7.9% net increase in black lawyers if affirmative action ended today is so unlikely that it is essentially impossible.  In fact, based on the 2004 admissions data, an annual decline of 30% to 40% in African American attorneys is more likely if affirmative action ended.  This policy brief reviews Sander’s methodological study and situates Latinos in this analysis.

Stand and Prosper! Race and American Higher Education (pdf) William G. Bowen, president of the Andrew W. Mellon Foundation

In April 2004, William G. Bowen, president of The Andrew W. Mellon Foundation, delivered a series of lectures on "Equity and Excellence in Higher Education" as the Jefferson Foundation Distinguished Lecturer at the University of Virginia. In the lectures, Bowen integrated prior work with new evidence from a recently collected dataset to explore the achievements and remaining challenges of American higher education in attaining "excellence with equity." This lecture (Lecture III, April 13) focuses on race and affirmative action-where we have been, where we are now, and where we are going as a nation.

University of Michigan - Affirmative action supreme court cases

The nation reached an important crossroads on the journey towards a full multiracial democracy when the Supreme Court issued its decisions in the two lawsuits challenging the University of Michigan's race-conscious admissions policies. Legal scholars have called these cases among the most important in the court's history. For more information on the case, read AAC&U's statement following the decision, the Grutter vs. Bollinger Brief, the Gratz vs. Bollinger Brief and the Amicus Curiae Briefs filed on behalf of the University of Michigan.

Eliminating Affirmative Action is Re-segregating Higher Education Interview with Graciela Elizabeth Geyer , U.S. Students Association

In an interview with Graciela Elizabeth Geyer, she discusses how government decisions opposing affirmative action have negatively affected universities and students in states across the nation and highlights the strengths of affirmative action in regard to campus diversity. She also asserts that the elimination of affirmative action would re-segregate not only higher education, but society as well.

Challenging Racial Inequality in Education: One School's Response to the End of Affirmative Action, by Pedro A. Noguera Berkeley. California, by Pedro A. Noguera Berkeley. California

In the fall of 1997, California voters passed Proposition 209, which brought an end to the use of race and gender as a factor in selection processes at publicly supported universities, including college admissions. Noguera's piece examines the impact of this legislation on admissions at UC Berkeley.

Affirmative Action: An Anachronism in Higher Education?, by Jose J. Soto

Commentary by Jose Soto, that argues that it is naive to think that academe - or any other social, governmental, or economic enterprise for that matter-is at a point where unguided and random decision-making processes will lead to the creation of a diverse workforce at all levels.

Facing the Challenge of Achieving Minority Equity in Faculty Representation , Indiana University

Indiana University initiated a review of its existing programs dedicated to minority concerns. This report explores responsibilities attached specifically to minority faculty recruitment, retention, and promotion.

Affirmative Action Without Numerical Goals by Jeffrey Selingo

Abandoning numerical goals, the University of Wisconsin concentrates on alternative approaches to recruiting students of color, such as requesting State funds for more pre-college programs and raising funds for minority-student scholarships through private, non-profit foundations.

AAUP Commission on Governance and Affirmative Action Policy

This report offers a timely response to the decision of the Board of Regents of the University of California to end affirmative action in hiring, admissions, and the awarding of contracts. The statement provides an analysis and recommendations to its members. An excellent response and vision for the future. (Electronic dissemination authorized by AAUP 10-16-96).

Affirmative Action Plan, Tarleton State University

Tarleton State University is governed by a strong commitment to equal employment opportunity and affirmative action, and this commitment is clearly expressed in its Affirmative Action Plan.

Affirmative Action and Diversity Project: A Web Page for Research Web

This site presents diverse opinions regarding Affirmative Action topics. Rather than taking a singular pro or con position, offers many different voices to the debates surrounding the issues of affirmative action. This site provides scholars, students, and the interested public with articles, theoretical analyses, policy documents, current legislative updates, and an annotated bibliography of research and teaching materials.

The Compelling Need for Diversity in Higher Education, University of Michigan

In this report, the University of Michigan has brought together a team of leading scholars to serve as its experts in establishing the compelling need for diversity in higher education. Their research in the fields of history, sociology, education, economics, psychology, and law confirm that the use of race in higher education admissions is not only constitutional, but of vital importance to education and society.

The Benefits of Diversity in College and Beyond: An Empirical Analysis, by Patricia Gurin, University of Michigan

This study measures the educational benefits of diversity.  Data from this in-depth empirical analysis show that students educated in diverse classrooms learn to think in deeper and more complex ways, and are better prepared to become active participants in a pluralistic, democratic society.

Affirmative Action: A Dialogue on Race, Gender, Equality and Law in America

Focus on Law Studies is a bi-annual publication of the American Bar Association that looks at issues and concerns involved in teaching about the law in liberal arts programs in colleges and universities. The spring 1998 issue, "Affirmative Action: A Dialogue on Race, Gender, Equality and Law in America," is a dialogue among nine leading scholars and other educators. It addresses the need for affirmative action, why race continues to matter, social and legal policies, affirmative action and diversity in college admissions, and the intersection of race and gender in affirmative action policies.

In Affirmative Action, It's Curriculum That Counts, by Clifford Adelman, U.S. Department of Education
In his essay, Adelman, a senior research analyst at the U.S. Department of Education, challenges the use of GPA and class rank in college admissions. Using national data, Adelman explains why curriculum is the most accurate indicator of degree completion and describes how we can "take advantage of the power of curriculum" to maintain a racially diverse student body in selective public universities and increase degree completion rates for students of color everywhere, within the legal restrictions of recent anti-affirmative action legislation.

"Why a Diverse Student Body is So Important", by Neil L. Rudenstine, Harvard University

In this overview statement from the President's Report, President Rudenstine illustrates how the value of diversity as an essential component of education has been recognized by higher education leaders since the mid-18th century, citing specific examples from Harvard's own history. This statement reaffirms Harvard's institutional and historical commitment and vision for racial diversity and academic excellence.

The Educational Value of Diversity, by Jonathan R. Alger, AAUP associate counsel and staff liaison for Committee L on Historically Black Institutions and the Status of Minorities in the Profession

Originally published in Academe, this article addresses the substantive and legal issues related to diversity. It looks at racial and ethnic diversity in guiding institutional mission, employment practices, admission practices, the idea of merit, learning outcomes, and explores the "compelling interest" met through campus diversity. This is an excellent article for understanding the philosophical underpinnings of diversity.

Questions, comments, and suggested resources should be directed to Hugo Najera at diversityweb@aacu.org.
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