This book provides detailed analysis of Supreme Court judgments which have impacted the rights of minorities in relation to higher education, and so illustrates ongoing issues of racial discrimination throughout the American education sector.
Race, Law, and Higher Education in the Colorblind Era brings together the many racial disputes that have been adjudicated by the Supreme Court to investigate the politics of colorblindness in the post-civil rights era. Through a reading of these various cases as a form of continuing racial discourse, this book focuses on the ways in which racial disputes operate within a clearly entwined colorblind narrative that invalidates racial justice for minorities. By investigating how the Supreme Court has understood racism and the concept of race across its history, this volume demonstrates how colleges and universities must navigate the often contradictory and perilous landscape of ‘diversity’ in attempts to integrate historically disadvantaged minorities.
This book will be of interest to researchers, academics, and postgraduate students in the fields of sociology of education, multicultural education, and legal education.
Section I: Foundations of Colorblindness, Whiteness, and Racial Subordination
• Chapter 1 - Judicial Colorblindness and the Problem of Racism
• Chapter 2 - Commitments: Of Methods and Interpretation
• Chapter 3 - A Historical Synergy: Law, Whiteness, and the Hegemony of Racial Subordination
Section II: Revisiting and Revising 'Settled' History
• Chapter 4 - The Politics and Whiteness of Brown v. Board of Education
• Chapter 5 - (Un)Equal Protection and Disproportionate Harm to Minorities
• Chapter 6 - Affirmative Action = Discrimination (to whites) in the Colorblind Era
Section III: Critical Contemporary Perspectives
• Chapter 7 - After Fisher v. University of Texas: Racial Justice or Whiteness Rising?
• Chapter 8 - Diversity Trending Up, Affirmative Action on Life Support, and the Perilous Status of Asian Americans
• Chapter 9 - Future Directions