151. The False Notion of 'Race-Neutrality': How Legal Battles in Higher Education Undermine Racial Equity
- Author
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Garces, Liliana M.
- Abstract
Affirmative action in postsecondary admissions may be the most visible area where the battles over the consideration of race in educational policy and practice have played out in the law. After decades of sustained legal attacks on the efforts of universities to implement policies that disrupt racial inequalities, many in the higher education community consider recent legal decisions like "Grutter v. Bollinger" (2003) and "Fisher v. University of Texas, at Austin" (2013, 2016) as important victories that have allowed administrators and faculty to continue to consider race admissions policies and and practices. However, in this article, Liliana Garces argues that rather than helping to promote racial equity, these legal decisions have undermined it by endorsing and encouraging a color-evasive approach in educational policy and practice. Garces explains how these decisions have changed the practice of affirmative action in ways that side-step attention to race through a required focus on diversity and a rationale that can encourage universities not to address more systemic changes that would promote racial equity. She contends that to build the practice of racial equity, these law-imposed limitations must be navigated with strategic, intentional university-led efforts that bring "race-consciousness" back into educational policy and practice.
- Published
- 2020
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