DOCSLIB.ORG

Faculty of Color Understandings of Diversity, Equity, and Justice in a Neoliberal Context

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Loyola University Chicago Loyola eCommons Dissertations Theses and Dissertations 2015 Shifting Narratives in Doctoral Admissions: Faculty of Color Understandings of Diversity, Equity, and Justice in a Neoliberal Context Dian Drew Squire Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_diss Part of the Higher Education Administration Commons Recommended Citation Squire, Dian Drew, "Shifting Narratives in Doctoral Admissions: Faculty of Color Understandings of Diversity, Equity, and Justice in a Neoliberal Context" (2015). Dissertations. 1972. https://ecommons.luc.edu/luc_diss/1972 This Dissertation is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Dissertations by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 2015 Dian Drew Squire LOYOLA UNIVERSITY CHICAGO SHIFTING NARRATIVES IN DOCTORAL ADMISSIONS: FACULTY OF COLOR UNDERSTANDINGS OF DIVERSITY, EQUITY, AND JUSTICE IN A NEOLIBERAL CONTEXT A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY PROGRAM IN HIGHER EDUCATION BY DIAN D. SQUIRE CHICAGO, IL DECEMBER 2015 Copyright by Dian D. Squire, 2015 All rights reserved. ACKNOWLEDGEMENTS I would like to take this space to thank the various families who have been integral in getting me to where I am today. First, I have to thank my biological family for their sacrifices and encouragement throughout my many decades of schooling. My family include: Matt and Colin Bourgois, Cindy Fuller, Snow and Chase Townsend, Bill, Thi, Sean, Sage, and Stirling Squire. In particular, I thank my mother, Van Bourgois, for her unwavering support, sacrifice, tenacity, creativity, perseverance, resilience, and love. Second, I have to acknowledge my family gained during my time at the University of Maryland; their faith in me has never wavered: Dr. Gerry Strumpf, Drs. Sharon Fries-Britt, Noah Drezner, Steve Mobley, and Rebecca Villarreal, and the students of the Orientation Office and The One Project. Lots of love and admiration to my lifelong friends and confidantes: Lauren Norris, Chelsea Truesdell, and Laila Shishineh. My time at Maryland has provided me the opportunities to grow and learn about my values, and helped me to develop how I perceive more socially just institutions to look like. Third, my family at Loyola University Chicago has supported me, nurtured me, and pushed me to become the scholar I am today. I would first like to thank my committee, Dr. Bridget Kelly (dissertation chair) and Drs. OiYan Poon and Ron Martin (committee members). Additionally, I would like to thank Drs. John Dugan, Mark Engberg, and Blanca Olave-Torres. A special acknowledgement is extended to Drs. iii OiYan Poon, Bridget Kelly, and Terry Williams for providing me a multitude of opportunities to develop personally, and refine my worldview and scholarly skillset. I am forever indebted to these people. You have placed your trust in me and have dedicated much time and energy into helping me develop into the person I am today. You have guided me to become a better writer, reader, thinker, scholar, and human. You have helped me develop my perspective and encouraged me to continue learning. Thank you. There would be no me without the rest of the “Fab 5,” T.J. Jourian, Michael Bumbry, Lester Manzano, and Ajani Byrd. You will forever be a part of my journey and I am so grateful to have you in my life as friends, confidantes, colleagues, classmates, and scholars. I must recognize Megan Segoshi, Lisa Davidson, Brett Stachler, Shannon Howes, Kristin McCann, and Symone Simmons for their support with completing this project. Thank you to Devita Bishundat, Amy Weatherford, Sadika Sulaiman Hara, and the many others who have always been by my side throughout this process. Lastly, thank you to those who made “the journal” such a huge success. Lastly, I would like to thank the 14 participants who shared their stories with me for this project. A big thank you is extended to Drs. Z. Nicolazzo, Jason Garvey, Christina Linder, Daniel Tillapaugh, and Bryce Hughes. Much love is extended to Zara Frankel for being a sounding board, respite from academia, cultural guru, and great friend. I would be remiss if I did not acknowledge my lifelong friends Gino Campodonico, Andres Duque, Kimone Kocica, Lynette Roqueta, and Michelle Horwitz. “It is the mark of an educated mind to be able to entertain a thought without accepting it” – Aristotle. #PhDian iv TABLE OF CONTENTS ACKNOWLEDGEMENTS iii LIST OF FIGURES vii LIST OF TABLES viii ABSTRACT ix CHAPTER ONE: INTRODUCTION 1 Problem Statement 2 Study Scope 13 Defining Core Concepts 17 Overview of Dissertation 27 CHAPTER TWO: LITERATURE REVIEW AND FRAMEWORK 28 U.S. Doctoral Education 28 History of Higher Education and Student Affairs Preparation Programs 37 Practices That Facilitate Racially Diverse Graduate Recruitment and Enrollment 43 Influencers on the Graduate Admissions Process 60 Faculty of Color Experiences 83 Summary 92 Conceptual Framework 93 Neoliberalism and Globalization 95 Institutional Orders 98 Fields (Universities) 99 Disciplines (Higher Education and Student Affairs) 102 Actors 104 Critical Race Theory 107 Decision-Making, Action, and Resistance 111 Civility and Collegiality 114 Conclusion 115 CHAPTER THREE: METHODS 116 Critical Transformative Research 118 Rationale for a Qualitative Approach 119 Epistemology 120 Researcher Positionality and Reflexivity 121 Research Methods 124 Data Analysis 134 Establishing Trustworthiness 137 Data Presentation 140 Conclusion 142 v CHAPTER FOUR: DAY ONE: MAKING THE ADMISSIONS DECISION 144 Characters 146 Workshop Introductions 149 Going Sword 164 CHAPTER FIVE: DAY TWO: BROAD CONSEQUENCES 187 I Don’t Wanna Recruit No Students of Color Here 189 And The Whole Interest Convergence Piece 199 CHAPTER SIX: CONCLUSION 212 Discussion 214 Implications 239 Limitations 249 Future Research 250 Reflection and Conclusion 252 APPENDIX A: EMAIL TO POTENTIAL PARTICIPANTS 254 APPENDIX B: CONSENT TO PARTICIPANT IN RESEARCH 256 APPENDIX C: DEMOGRAPHIC FORM 260 APPENDIX D: INTERVIEW PROTOCOL 262 APPENDIX E: FOCUS GROUP PROTOCOL 266 APPENDIX F: GEE'S BUILDING TASKS OF LANGUAGE 269 APPENDIX G: CODES 272 REFERENCE LIST 276 VITA 303 vi LIST OF FIGURES Figure 1. A Critical Race Institutional Logics Perspective 111 Figure 2. Interest convergence in international doctoral education 228 vii LIST OF TABLES Table 1. Percent post baccalaureate enrollment by race: 2011/2012 5 Table 2. Schools of education percentage doctoral degree conferral by race: 2013 7 Table 3. Schools of education percentage doctoral degree conferral by sex: 2013 7 Table 4. Doctoral degrees conferred in higher education/higher education administration and college student counseling and personnel services, by race/ ethnicity and gender: 2012-13 9 Table 5. Participant demographics 126 Table 6. Composite character background characteristics 148 viii ABSTRACT Little is known about how faculty make decisions in the doctoral admissions process or how they conceptualize diversity, equity, and justice in those same processes. Understanding how students are selected into graduate programs is increasingly important to supporting diverse leadership bodies and shaping a dynamically diverse campus cultural context. This qualitative study utilized semi-structured interviews, focus groups, and critical discourse analysis to explore how faculty of color understand diversity, equity, and justice norms, values, and behaviors in the doctoral admissions process in Higher Education and Student Affairs (HESA) doctoral programs in Predominantly White Institutions (PWI) and how professors of color navigate those norms, values, and behaviors with their multiple intersecting identities. Data reveals that faculty of color resist the utilization of standardized measures of success, are attracted to students of color and students aiming to do conduct equity work, and consider diversity at all times in the admissions process. Faculty also feel constrained in their ability to fully engage in the admissions process due to marginalization of their identities and their tenure status. Relatedly, faculty understand the values of their university through (in)actions taken when critical community incidences occur and find tensions in conflating international students of color with domestic students of color. ix CHAPTER ONE INTRODUCTION Understanding how students are selected into doctoral programs and how faculty navigate institutional norms, values, cultures, and behaviors related to diversity, equity, and justice within the graduate admissions context is increasingly important to supporting diverse leadership bodies and student populations, and to shaping a dynamically diverse campus context (Bowen, Bok, & Shulman, 1998; Garces & Jayakumar, 2014; Smith, 2009). Bowen and Rudenstine (1992) called doctoral education the “apex” (p. 3) of the United States education system and Holley and Joseph (2013) argued, “the doctorate holds a key role in the country’s scientific ambition, future economic security, and knowledge production” (p. 2). These two realities make the analysis of doctoral education integral to ensuring the success of United States postsecondary education and of greater society. Research on doctoral education is also important because
Recommended publications
  • In Search of Equality in Legal Education: the Grutter V. Bollinger Case

    In Search of Equality in Legal Education: the Grutter V. Bollinger Case

    Pace Law Review Volume 25 Issue 1 Fall 2004 Article 4 September 2004 In Search of Equality in Legal Education: The Grutter v. Bollinger Case Rudy Sandoval Laura Lisa Sandoval Follow this and additional works at: https://digitalcommons.pace.edu/plr Recommended Citation Rudy Sandoval and Laura Lisa Sandoval, In Search of Equality in Legal Education: The Grutter v. Bollinger Case, 25 Pace L. Rev. 91 (2004) Available at: https://digitalcommons.pace.edu/plr/vol25/iss1/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. In Search of Equality in Legal Education: The Grutter v. Bollinger Case Rudy Sandoval* Laura Lisa Sandoval "Effective participation by members of all racial and ethnic groups in the civic life of our Nation is essential if the dream of one Nation, indivisible, is to be realized." -Justice O'Connor,' June 23, 2003 I. Introduction It was the hope for many that the segregation which had permeated American society and its laws for over two hundred years would soon be eradicated; it was the aspiration of millions of minorities to be able to walk through the guarded gates of academia to receive the coveted benefits of education, careers, and social acceptance; and it was the dream of many that America would finally fulfill the promises found in the cher- ished documents of the Declaration of Independence, the Con- stitution, and the Bill of Rights.
  • Chapter Three Setting the Stage for Affirmative Action in the United States of America

    Chapter Three Setting the Stage for Affirmative Action in the United States of America

    CHAPTER THREE SETTING THE STAGE FOR AFFIRMATIVE ACTION IN THE UNITED STATES OF AMERICA 3.1 The USA — An Overview To understand the current debate over affirmative action in the USA, all of America’s racial history, from colonial times, through slavery, Reconstruction, the Jim Crow era, the civil rights era to the present day must be analysed. The reason for this is that it has been suggested that sometimes a misunderstanding of the history of affirmative action is the principle reason that most white people have difficulty in seeing their historical and current privilege.1 The current scope of affirmative action programmes is best understood as an effort to remedy oppression of racial and ethnic minorities and of women.2 However, broader discrimination against persons because of their race, ethnic background, religion and gender has also been widespread. Some affirmative action programmes began before the promulgation of various civil rights statutes in the 1950's and 1960's, but affirmative action measures did not truly take hold until it became clear that anti-discrimination statutes alone were not enough to break long standing patterns of discrimination. This chapter is a study of equal employment opportunity, with specific emphasis on the development of affirmative action in the USA. It examines the development of public policies designed to eradicate and overcome the effects of economic discrimination. Economic discrimination has been an inherent feature of race relations in the US since the first blacks arrived in the Northern American colonies in 1619.3 It was widespread in 1 Rubio Philip A History of Affirmative Action — 1619-200 (2001) (Phillip).
  • Why the Supreme Court Should Adopt a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans

    Why the Supreme Court Should Adopt a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans

    Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 4-18-2007 Adding Colors to the Chameleon: Why the Supreme Court Should Adopt a New Compelling Governmental Interest Test for Race- Preference Student Assignment Plans Leslie Yalof Garfield Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Education Law Commons, and the Law and Society Commons Recommended Citation Leslie Yalof Garfield, Adding Colors ot the Chameleon: Why the Supreme Court Should Have Adopted A New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans, 56 U. Kan. L. Rev. 277 (2008), http://digitalcommons.pace.edu/lawfaculty/301/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Adding Colors to the Chameleon: Why the Supreme Court Should Adopt a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans. By Leslie Yalof Garfield1 When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954,2 it failed to consider the long range implications of its mandate. School districts across the country have responded to the Court’s order by adopting race- preference school assignment
  • Affirmative Action, Comparable Worth, and the Women's Movement

    Affirmative Action, Comparable Worth, and the Women's Movement

    TOWARD GENDER EQUALITY: AFFIRMATIVE ACTION, COMPARABLE WORTH, AND THE WOMEN'S MOVEMENT SACHA E. DE LANGE* INTRODUCTION Affirmative action 1 seems to have become the most recognized strategy for integrating the sexes in the workplace. In fact, according to some scholars and activists, women are "widely assumed... [to] have been the primary benefi- ciaries of affirmative action in employment." 2 However, a study of the evidence indicates that "the actual results of affirmative action [for women] belie the rhe- toric." 3 Moreover, the assumption that affirmative action was a major part of modem anti-discrimination policy and that women could not be without it is not clearly reflected in feminist practice. In addition to affirmative action, the wo- men's movement has focused on a wide range of issues pertaining to employ- ment rights, including the concept of comparable worth, or "equal pay for work of equivalent value." 4 This concept addressed the disparity in wages through a system of job evaluations that would require employers to pay female employees in female-dominated jobs the same salaries as males in male-dominated jobs of comparable value, and was used as part of a strategy aimed at broadening the feminist base by taking on the problem of the gender-based wage gap. This Law Clerk to the Honorable Janet C. Hall, United States District Court for the District of Connecticut. J.D., New York University School of Law, 2006; M.A. (History), Leiden University (the Netherlands), 2001; B.A., Swarthmore College, 1998. The author would like to thank Profes- sor Deborah Malamud, Professor Paulette Caldwell, and the editors of the New York University Review of Law & Social Change.
  • Pierce County Invitation to Bid

    Pierce County Invitation to Bid

    PIERCE COUNTY INVITATION TO BID NUMBER 1446 FOR STICK BUILT HOMES WEATHERIZATION AND REPAIR BIDS MUST BE SUBMITTED TO: CLERK OF THE COUNCIL 930 TACOMA AVE S RM 1046 TACOMA WA 98402-2176 AND WILL BE RECEIVED UNTIL 1:00 P.M., JANUARY 16, 2015 AT WHICH TIME THEY WILL BE PUBLICLY OPENED AND READ ALOUD IN THE COUNCIL CHAMBERS, 10TH FLOOR COUNTY-CITY BUILDING 930 TACOMA AVE S, TACOMA WA ******************** PURCHASING DEPARTMENT 615 SOUTH 9TH STREET SUITE 100 TACOMA WASHINGTON 98405-4674 ACTING FOR: COMMUNITY CONNECTIONS PIERCE COUNTY INVITATION TO BID NUMBER 1446 BID DOCUMENTS • INVITATION TO BID - (Pages 1-51) • FORM OF PROPOSAL (Pages 7-16) • SUBCONTRACTOR'S PARTICIPATION FORM (Page 15) • PERSONNEL WORKFORCE DATA FORM (Page 16) • OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD (Pages 17-21) Sample Contract Sample Insurance Certificate • EXHIBIT A – (Pages 23-27) • EXHIBIT B – (Page 28) • EXHIBIT D – (Pages 29-35) • OTHER REQUIRED FORMS (Pages 36-49) • GENERAL CONDITIONS AND INSTRUCTIONS Page 1 of 42 through Page 42 of 42 • CONTRACT COMPLIANCE REQUIREMENTS FOR PUBLIC WORKS CONTRACTS Pages 1-14 • PREVAILING WAGE INFORMATION – Pages 1-13 The following forms must be returned with the bid: • Bid/Form of Proposal including Certification of Nonsegregated Facilities and Non-Collusion & Debarment Affidavit (Must be notarized) • Subcontractor's Participation Form • Personnel Workforce Data Form • Notice to Labor Unions/Other Employment Agencies Form • Affirmative Action Plan 1 and Plan D Forms • Current Employees Form • Contractor/Subcontractor Certification
  • Proposal 2006-__: Michigan Civil Rights Initiative

    Proposal 2006-__: Michigan Civil Rights Initiative

    CitizensCitizens ResearResearchch CCouncilouncil ofof MichiganMichigan StStaatewidetewide IssuesIssues onon thethe NovemberNovember GeneralGeneral ElecElectiontion BallBalloott PrPropoposalosal 2006-022006-02 MichiganMichigan CivilCivil RightsRights InitiaInitiativetive SeptemberSeptember 20062006 RepReporortt 342343 CCELEBRELEBRAATINGTING 9090 YEARSYEARS OFOF INDEPENDENTINDEPENDENT,, NONPNONPARARTISANTISAN PPUBLICUBLIC PPOLICOLICYY RESEARCHRESEARCH ININ MMICHIGANICHIGAN Board of Directors Chairman Vice Chairman Treasurer President Kent J. Vana Eugene A. Gargaro, Jr. Jeffrey D. Bergeron Earl M. Ryan Jeffrey D. Bergeron W. Frank Fountain Aleksandra A. Miziolek Ernst & Young LLP DaimlerChrysler Corporation Dykema J. Edward Berry Eugene A. Gargaro, Jr. Irving Rose General Motors Corporation Masco Corporation Edward Rose & Sons Beth Chappell Ingrid A. Gregg Jerry E. Rush Detroit Economic Club Earhart Foundation ArvinMeritor, Inc. James G. Davidson Frank M. Hennessey Nancy M. Schlichting Pfizer Inc. Hennessey Capital LLC Henry Ford Health System Terence M. Donnelly Marybeth S. Howe Kent J. Vana Dickinson Wright PLLC National City Bank of Michigan Varnum, Riddering, Schmidt Randall W. Eberts Nick A. Khouri & Howlett LLP W. E. Upjohn Institute DTE Energy Amanda Van Dusen David O. Egner Daniel T. Lis Miller, Canfield, Paddock Hudson-Webber Foundation Kelly Services, Inc. and Stone PLC Joshua D. Eichenhorn Michael H. Michalak Jeffrey K. Willemain LaSalle Bank Comerica Incorporated Deloitte. Advisory Director Louis Betanzos Board of Trustees Chairman Vice Chairman Patrick J. Ledwidge Mark A. Murray Terence E. Adderley W. Frank Fountain Elliot Joseph Irving Rose Kelly Services, Inc. DaimlerChrysler Corporation St. John Health System Edward Rose & Sons Judith I. Bailey David G. Frey Daniel J. Kelly Gary D. Russi Western Michigan University Frey Foundation Deloitte & Touche Oakland University Jeffrey D. Bergeron Mark Gaffney David B. Kennedy Nancy M.
  • 2002-08-13--WA Supreme Court--ACLU Amicus Brief

    2002-08-13--WA Supreme Court--ACLU Amicus Brief

    No. 72712-1 ____________________________________________________________ IN THE SUPREME COURT OF THE STATE OF WASHINGTON ON CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ____________________________________________________________ PARENTS INVOLVED IN COMMUNITY SCHOOLS, Petitioner, v. SEATTLE SCHOOL DISTRICT NO. 1, Respondent. ____________________________________________________________ AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON IN SUPPORT OF RESPONDENT SEATTLE SCHOOL DISTRICT NO. 1 ____________________________________________________________ PRESTON GATES & ELLIS LLP Paul J. Lawrence, WSBA # 13557 Cooperating Attorney for the American Civil Liberties Union of Washington PRESTON GATES & ELLIS LLP 701 Fifth Avenue Suite 5000 Seattle, WA 98104-7078 (206) 623-7580 TABLE OF CONTENTS INTEREST OF AMICUS CURIAE................................................ 1 INTRODUCTION AND STATEMENT OF THE CASE .............. 1 ARGUMENT .................................................................................. 3 I. APPLICATION OF INITIATIVE 200 IN THIS CASE WOULD IMPROPERLY INTERFERE WITH THE DISTRICT’S CONSTITUTIONAL DUTIES................................................................... 3 A. THE WASHINGTON CONSTITUTION REQUIRES DESEGREGATION IN PUBLIC SCHOOLS.................................... 3 B. DIVERSITY IN PUBLIC EDUCATION IS STILL A VALID MEANS TO FULFILL WASHINGTON’S CONSTITUTIONAL MANDATE. ................................................ 5 II. THE OPEN CHOICE POLICY DOES NOT VIOLATE
  • Pierce County Invitation to Bid Number 1560 For

    Pierce County Invitation to Bid Number 1560 For

    PIERCE COUNTY INVITATION TO BID NUMBER 1560 FOR GENERAL CONSTRUCTION CONTRACTOR BIDS MUST BE SUBMITTED TO: CLERK OF THE COUNCIL 930 TACOMA AVE S RM 1046 TACOMA WA 98402-2176 AND WILL BE RECEIVED UNTIL 1:00 P.M., AUGUST 28, 2015 AT WHICH TIME THEY WILL BE PUBLICLY OPENED AND READ ALOUD IN THE COUNCIL CHAMBERS, 10TH FLOOR COUNTY-CITY BUILDING 930 TACOMA AVE S, TACOMA WA ******************** PURCHASING DEPARTMENT 615 SOUTH 9TH STREET SUITE 100 TACOMA WASHINGTON 98405-4674 ACTING FOR: COMMUNITY CONNECTIONS BID DOCUMENTS INVITATION TO BID - (Pages 1-19) FORM OF PROPOSAL - (Pages 7-11) PROPOSAL BOND FORM - (Page 12) SUBCONTRACTOR'S PARTICIPATION FORM - (Page 13) PERSONNEL WORKFORCE DATA FORM - (Page 14) OTHER FORMS USED BY PIERCE COUNTY AFTER AWARD - (Pages 15-19) Sample Contract Sample Insurance Certificate Sample Contract Bond PREVAILING WAGE RATES – (Page 20) EXHIBIT A – Scope of Work - (Pages 21-25) EXHIBIT B – Compensation - (Page 26) EXHIBIT D – Compliance with Local and Federal Regulations - (Pages 27-32) EXHIBIT E – Labor Standards Requirements and Prevailing Wage Rates - (Pages 33- 37) EXHIBIT F – General Terms and Conditions – Weatherization Assistance Program (Pages 38-50) OTHER REQUIRED FORMS (Pages 51-64) GENERAL PROVISIONS for CONSTRUCTION CONTRACTS (Page 1-42) CONTRACT COMPLIANCE REQUIREMENTS FOR PUBLIC WORKS CONTRACTS (Pages 1-14) PREVAILING WAGE INFORMATION – (Pages 1-47) The following forms must be returned with the bid: Bid/Form of Proposal including Certification of Nonsegregated Facilities and Non- Collusion
  • Amicus Briefs); Id

    Amicus Briefs); Id

    No. 20-1199 ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- STUDENTS FOR FAIR ADMISSIONS, INC., Petitioner, v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, Respondent. --------------------------------- ♦ --------------------------------- On Petition For Writ Of Certiorari To The United States Court Of Appeals For The First Circuit --------------------------------- ♦ --------------------------------- BRIEF OF THE CALIFORNIANS FOR EQUAL RIGHTS FOUNDATION AS AMICUS CURIAE IN SUPPORT OF THE PETITIONER --------------------------------- ♦ --------------------------------- DANIEL I. MORENOFF Counsel of Record THE AMERICAN CIVIL RIGHTS PROJECT Post Office Box 12207 Dallas, Texas 75225 (214) 504-1835 [email protected] Counsel for Amicus Curiae ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page TABLE OF CONTENTS ...................................... i TABLE OF AUTHORITIES ................................. iii INTEREST OF AMICUS CURIAE ...................... 1 SUMMARY OF ARGUMENT .............................. 3 ARGUMENT ........................................................ 5 I. DEFERENCE TO DISCRIMINATING EN- TITIES ON WHETHER DISCRIMINA- TION IS JUSTIFIED IS UNTENABLE AS AN EXERCISE IN STRICT SCRUTINY .... 5 II.
  • Examining Voter Intent Behind Proposition 209: Why Recruitment, Retention and Scholarship Privileges Should Be Permissible Under Article I, Section 31

    Examining Voter Intent Behind Proposition 209: Why Recruitment, Retention and Scholarship Privileges Should Be Permissible Under Article I, Section 31

    UCLA Chicana/o Latina/o Law Review Title Examining Voter Intent behind Proposition 209: Why Recruitment, Retention and Scholarship Privileges Should be Permissible under Article I, Section 31 Permalink https://escholarship.org/uc/item/5580z80z Journal Chicana/o Latina/o Law Review, 27(1) ISSN 1061-8899 Author Goodman, Christopher Chambers Publication Date 2008 DOI 10.5070/C7271021179 Peer reviewed eScholarship.org Powered by the California Digital Library University of California EXAMINING "VOTER INTENT" BEHIND PROPOSITION 209: WHY RECRUITMENT, RETENTION AND SCHOLARSHIP PRIVILEGES SHOULD BE PERMISSIBLE UNDER ARTICLE I, SECTION 31 CHRIS CHAMBERS GOODMAN* I. INTRODUCTION AND STATEMENT OF THE PROBLEM In 1996, California voters passed Proposition 209, now Arti- cle I, section 31 of the California Constitution. The pivotal por- tions of the amendment are contained in clause (a), which states: "[t]he state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public em- ployment, public education, or public contracting."' Both before and after the passage of the initiative, its proponents and oppo- nents alike explained that the new prohibition would affect entry preferences, such as in admissions, in employment and in the awarding of public contracts, which were to be distinguished from recruiting and retention efforts.2 Nevertheless, in the Hi- Voltage case, the California Supreme Court determined that a specific recruiting or "outreach" program constituted an imper- * Professor of Law, Pepperdine University School of Law, J.D. Stanford Law School, 1991, A.B. Harvard College, 1987. This paper was commissioned by The Chief Justice Earl Warren Institute on Race, Ethnicity, and Diversity, for a confer- ence entitled "Equal Opportunity in Higher Education: The Past and Future of Pro- position 209" on October 27-28, 2006.
  • Racial Discrimination, Public Policy, and "Charity" in Contemporary Society

    Racial Discrimination, Public Policy, and "Charity" in Contemporary Society

    University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Winter 2000 The Power of The Treasury: Racial Discrimination, Public Policy, and "Charity" In Contemporary Society David A. Brennen University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Tax Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation David A. Brennen, The Power of The Treasury: Racial Discrimination, Public Policy, and "Charity" In Contemporary Society, 33 U.C. Davis L. Rev. 389 (2000). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. The Power of The Treasury: Racial Discrimination, Public Policy, and "Charity" In Contemporary Society Notes/Citation Information U.C. Davis Law Review, Vol. 33, No. 2 (Winter 2000), pp. 389-447 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/255 The Power of the Treasury: Racial Discrimination, Public Policy, and "Charity" in Contemporary Society David A. Brennen TABLE OF CONTENTS PRO LO GU E ........................................................................................ 391 INTRODUCTIO N ................................................................................ 394 I. DEVELOPMENT OF TREASURY'S PUBLIC POLICY POWER ............ 397 A. Overview of Tax-Exempt CharitableStatus ........................... 397 B. Birth of the Public Policy Power............................................ 400 1. Bob Jones University ..................................................... 400 2. Analysis of Bob Jones University .................................. 406 II. DELEGATION OF PUBLIC POLICY POWER BY CONGRESS .....
  • Redalyc.Affirmative Action's Fate: Are 20 More Years Enough?

    Redalyc.Affirmative Action's Fate: Are 20 More Years Enough?

    Education Policy Analysis Archives/Archivos Analíticos de Políticas Educativas ISSN: 1068-2341 [email protected] Arizona State University Estados Unidos Moses, Michele S.; Yun, John T.; Marin, Patricia Affirmative Action's Fate: Are 20 More Years Enough? Education Policy Analysis Archives/Archivos Analíticos de Políticas Educativas, vol. 17, enero- diciembre, 2009, pp. 1-38 Arizona State University Arizona, Estados Unidos Available in: http://www.redalyc.org/articulo.oa?id=275019727016 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative EDUCATION POLICY ANALYSIS ARCHIVES English Editor: Sherman Dorn Spanish Editor: Gustavo Fischman College of Education Mary Lou Fulton College of Education University of South Florida Arizona State University Volume 17 Number 17 September 10, 2009 ISSN 1068–3341 Affirmative Action’s Fate: Are 20 More Years Enough?1 Michele S. Moses University of Colorado at Boulder John T. Yun Patricia Marin University of California, Santa Barbara Citation: Moses, M. S., Yun, J. T., & Marin, P. (2009). Affirmative action’s fate: Are 20 more years enough? Education Policy Analysis Archives, 17(17). Retrieved [date] from http://epaa.asu.edu/epaa/v17n17/. Abstract In this article we examine the current status of affirmative action in postsecondary admissions through a concurrent review of recent court rulings, state legislation, and higher education enrollment data. Analyzing each of these factors in the context of the others is important because the court decisions and state-level legislation interact to affect enrollment.