By Uma M. Jayakumar, Liliana M. Garces
The hugely expected U.S. best courtroom choice in Fisher v. college of Texas positioned a better onus on greater schooling associations to supply facts helping the necessity for affirmative motion guidelines on their respective campuses. it really is now extra severe than ever that institutional leaders and students comprehend the proof in help of race attention in admissions in addition to the demanding situations of the post-Fisher landscape.
This very important quantity stocks details documented for the Fisher case and gives empirical facts to assist tell scholarly dialog and associations’ judgements relating to race-conscious practices in greater schooling. With contributions from students and specialists fascinated by the Fisher case, this edited quantity files and stocks classes discovered from the collaborative efforts of the social technological know-how, academic, and criminal groups. Affirmative motion and Racial Equity is a severe source for greater schooling students and directors to appreciate the nuances of the affirmative motion felony debate and to spot the demanding situations and strength suggestions towards racial fairness and inclusion relocating forward.
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Additional info for Affirmative Action and Racial Equity: Considering the Fisher Case to Forge the Path Ahead
Aligning diversity, quality, and equity: The implications of legal and public policy developments for promoting racial diversity in graduate studies. American Journal of Education, 120(4), 457–480. Garces, L. , & Jayakumar, U. M. (2014). Dynamic diversity toward a contextual understanding of critical mass. Educational Researcher, 43, 115–124. 20 Liliana M. Garces Gratz v. S. 244 (2003). Grutter v. S. 306 (2003). Hopwood v. 3d 932 (5th Cir. 1996). Horn, C. , & Flores, S. M. (2003). Percent plans in college admissions: A comparative analysis of three states’ experiences.
University of Texas, 2013, p. 10) and that “no workable race-neutral alternative would produce the educational beneﬁts of diversity” (Fisher v. University of Texas, 2013, p. 11). The Court thus sent the case back to the lower courts to undertake an independent review, guided by the expertise and experience of the university. 6 Because Fisher resulted in a remand, there has been some disagreement as to whether the case established any new precedent. , Somin, 2013). Conservative organizations have used this interpretation of Fisher to threaten institutions with future litigation.
However, the Court remanded the case back to the lower courts for further deliberation on whether the race-sensitive admissions policy was necessary to further that compelling interest—that is, whether the policy was narrowly tailored. 16 Liliana M. Garces It clariﬁed that prior cases like Bakke and Grutter required closer examination to determine whether the university used race in a careful and limited manner to achieve a compelling interest in diversity. The Court was concerned that the lower court had reached this conclusion by relying primarily on the university’s judgment without conducting its own independent assessment.