Affirmative Action and Racial Equity: Considering the Fisher by Uma M. Jayakumar, Liliana M. Garces

By Uma M. Jayakumar, Liliana M. Garces

The hugely expected U.S. best court docket selection in Fisher v. collage of Texas positioned a better onus on better schooling associations to supply proof assisting the necessity for affirmative motion rules on their respective campuses. it's now extra serious than ever that institutional leaders and students comprehend the facts in aid of race attention in admissions in addition to the demanding situations of the post-Fisher landscape.

This vital quantity stocks info documented for the Fisher case and offers empirical proof to aid tell scholarly dialog and associations’ judgements concerning race-conscious practices in greater schooling. With contributions from students and specialists concerned with the Fisher case, this edited quantity records and stocks classes discovered from the collaborative efforts of the social technology, academic, and felony groups. Affirmative motion and Racial Equity is a serious source for better schooling students and directors to appreciate the nuances of the affirmative motion criminal debate and to spot the demanding situations and capability ideas towards racial fairness and inclusion relocating forward.

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Studies have shown, for example, that replacing a race-conscious policy with a TTPP nationwide would not successfully restore a comparable presence of students of color at the most selective 4-year campuses (Espenshade & Radford, 2009; Howell, 2010; Long, 2004). These findings hold true even under a number of hypothetical situations, including those in which high schools are assumed to be completely racially isolated (Long, 2004), admissions under the percent plan are extended to students from out of state and guaranteed for an institution of the student’s choosing (Espenshade & Radford, 2009), and percent plan admission plans are in place at private colleges and universities (Long, 2004).

In that case, Gratz v. Bollinger (2003), the Court issued a separate decision striking down the undergraduate admissions policy on the grounds that its point system was not flexible enough to comply with the individualized consideration outlined in Grutter. I discuss the Grutter case in more detail, as it set forth the rationale and legal test that applied in Fisher. The Court’s rationale in Gratz can be seen as outlining the outer limit of what would violate the narrow tailoring requirements set forth in Grutter.

In light of the Court’s holding in Fisher and the strict requirements of narrow tailoring, it is possible that institutions may abandon race-conscious policies altogether to avoid the threat of litigation. , Garces & Jayakumar, 2014). The chapters in this book can help support these steps and determinations, as they explore future strategies for promoting inclusive higher education access and persistence in a post-Fisher context. The Legal Context and Research in Fisher 17 For instance, the specific context within which UT Austin sought to implement its policy was critical to the institution’s justification for its race-conscious policy (see Chapter 4 by Brown-Nagin, Guinier, & Torres, in this volume).

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