The Next Twenty-‹ve Years The Next Twenty-‹ve Years Af‹rmative Action in Higher Education in the United States and South Africa (cid:2) edited by David L.Featherman,Martin Hall,and Marvin Krislov the university of michigan press Ann Arbor Copyright © by the University ofMichigan 2010 All rights reserved Published in the United States ofAmerica by The University ofMichigan Press Manufactured in the United States ofAmerica cPrinted on acid-free paper 2013 2012 2011 2010 4 3 2 1 No part ofthis publication may be reproduced, stored in a retrieval system,or transmitted in any form or by any means,electronic,mechanical,or otherwise, without the written permission ofthe publisher. A CIP catalog record for this book is available from the British Library. Library ofCongress Cataloging-in-Publication Data The next twenty-five years :affirmative action in higher education in the United States and South Africa / edited by David L. Featherman,Martin Hall,and Marvin Krislov. p. cm. Includes index. isbn978-0-472-11705-5 (cloth :alk.paper) — isbn978-0-472-03377-5 (pbk.:alk.paper) — isbn978-0-472-02155-0 (e-book) 1.Education,Higher—United States. 2.Education,Higher—South Africa. 3.Affirmative action programs—United States. 4.Affirmative action programs—South Africa. I.Featherman,David L. II.Hall,Martin,1952– III.Krislov,Marvin,1960– la227.4.n497 2009 379.2'60973—dc22 2009024924 Contents Preface ix Foreword,Mary Sue Coleman xiii Foreword,Njabulo S.Ndebele xxi Introduction:Twins Born at Different Times? David L.Featherman 1 PARTI (cid:2)Historical and Legal Context Introduction to Part I,Marvin Krislov Af‹rmative Action and the U.S.Black Freedom Struggle David J.Garrow 35 The Struggle for National Liberation and the Attainment ofHuman Rights in South Africa Neville Alexander 50 Af‹rmative Action in Higher Education over the Next Twenty-‹ve Years:A Need for Study and Action Sandra Day O’Connor and Stewart J.Schwab 58 From Redress to Empowerment:The New South African Constitution and Its Implementation Judith February 74 Social Justice and Postapartheid Higher Education in South Africa André du Toit 87 Af‹rmative Action and Higher Education in the United States and South Africa Nancy Cantor and Jo Thomas 110 PARTII (cid:2)Higher Education in the World:Labor Markets and Social Mobility Introduction to Part II,David L.Featherman Moving on Up? The Politics,Problems,and Prospects of Universities as Gateways for Social Mobility in South Africa Jonathan D.Jansen 129 vi (cid:2) contents Higher Education and the Labor Market in Postapartheid South Africa Haroon Bhorat 137 Retrenching Civil Rights:Mass Imprisonment in America Bruce Western 144 PARTIII (cid:2)The World in Higher Education: Admissions,Curriculum,and the Classroom Introduction to Part III,Martin Hall The Promise and Peril ofthe Texas Uniform Admission Law Marta Tienda and Teresa A.Sullivan 155 Admissions Policies and Challenges Nan Yeld 175 Race and Class in the South African Higher-Education Sector: A Focus on the Undergraduate Experience Crain Soudien 187 Bene‹ts and Barriers:Racial Dynamics ofthe Undergraduate Experience Sylvia Hurtado 196 Diversity,Dialogue,and Democratic Engagement Patricia Gurin,Biren (Ratnesh) A.Nagda,and Akua O.Campanella 208 Institutional Culture and Diversity:Engagement and Dialogue in a South African University Martin Hall,Dorrian Aiken,and Nazeema Mohamed 218 Who Is “Getting Through”in South Africa? Graduate Output and the Reconstruction ofthe Formal Curriculum Ian Scott 229 De‹ning the Problem ofEquity in Teaching Elementary School Mathematics Jennifer Lewis and Deborah Loewenberg Ball 244 PARTIV (cid:2)The Next Twenty-‹ve Years Introduction to Part IV,Martin Hall Looking Back Stuart Saunders 259 Contents (cid:2) vii The First Ten Years:The Role ofPublic Policy in Shaping Postapartheid Higher Education in South Africa Naledi Pandor and Nasima Badsha 268 The Role ofPublic Policy in Shaping Higher Education in the Twenty-‹rst Century:Achieving Diversity,Excellence, and Equity in the Academy Richard W.Riley and Judith A.Winston 277 Racial Disparities and the Next Twenty-‹ve Years: The Continued Need for Af‹rmative Action Michael S.McPherson and Matthew A.Smith 286 Beyond Equity Committees and Statistics Elaine Salo 297 Achieving Critical Mass:The Future ofGender and Higher Education in the United States Abigail J.Stewart and Danielle LaVaque-Manty 309 Democracy and the Choosing ofElites Glenn C.Loury 317 A Future Beyond “Race”:Re›ections on Equity in South African Higher Education Zimitri Erasmus 334 Conclusions The Challenge ofthe Next Twenty-‹ve Years Marvin Krislov 343 Nothing Is Different,but Everything’s Changed Martin Hall 355 Contributors 371 Index 379 Preface In 2003,the United States Supreme Court heard two cases in which white plaintiffs sued the University ofMichigan,arguing that the University’s ad- missions policies violated the Constitution by considering the race and eth- nicity of applicants among other factors. These cases raised the issue of af‹rmative action in university admissions for the ‹rst time at the Supreme Court level since University of California Regents v.Bakkein 1978.In 1990, the South African government released Nelson Mandela from prison, marking a new stage in the country’s transformation.In an effort to over- come the legacy of apartheid,that country,too,has considered race in de- termining access to higher education.This procedure in university admis- sions has not yet been challenged in South Africa’s Constitutional Court. In Grutter v. Bollinger, a majority of the Supreme Court accepted the University of Michigan’s argument that student body diversity was a com- pelling interest under the equal protection clause, and thus justi‹ed the limited use ofrace-sensitive admissions policies.The Court found that the law school’s admissions policies, which relied on subjective evaluation, were holistic and satis‹ed the “narrow tailoring”prong of the law.On the other hand,in Gratz v.Bollingera majority of the Court rejected the Uni- versity’s undergraduate admissions process as numbers-driven and mecha- nistic.The Court thus clari‹ed that race-sensitive admissions policies could be permissible,but would be carefully scrutinized by the courts. Writing for the majority in Grutter,Associate Justice Sandra Day O’Con- nor noted that “race unfortunately still matters.”Yet she stated that “race- conscious admissions policies must be limited in time.”In her much-dis- cussed phrasing,Justice O’Connor wrote: It has been 25 years since Justice Powell ‹rst approved the use ofrace to further an interest in student body diversity in the context of public higher education....We expect that 25 years from now,the use ofracial preferences will no longer be necessary to further the interest approved today. Justice O’Connor’s speculation—and expectant hope—about the Ameri- can future resonated beyond the United States and gave impetus to this book—speci‹cally to its title and framing question about “the next 25 years.”What justi‹cation can be found for af‹rmative action in American higher education—and, by inference, in other higher-education systems,
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