Browsing by Author "Ward, LaWanda"

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    A Colorblind Discourse Analysis of Higher Education Race-Conscious Admissions in a Post-Racial Society
    (University of North Dakota School of Law, 2016) Nguyễn, David Hòa Khoa; Ward, LaWanda; School of Education
    While the United States Supreme Court held in Fisher v. University of Texas at Austin that the University’s admissions plan was constitutional and that race-conscious admissions policies are still permissible, the movement to eliminate the consideration of race in college and university admissions is still going strong in current litigation against the University of North Carolina – Chapel Hill and Harvard University. Many argue that we are living in a “post-racial” society and no longer need race-conscious admissions; how-ever, this Article argues through colorblind discourse that there has been a sustained and continual effort to eliminate the consideration of race. This Article provides an understanding of colorblind discourse, the legal background on race-conscious admissions, it applies colorblind discourse while examining current litigation, and it proposes best-practices for recruiting and retaining diversity on college campuses.
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    Contemporary Legal Issues in College and University Student Housing: Introduction to the 2018 Special Issue
    (Association of College and University Housing Officers - International, 2018) Nguyễn, David Hòa Khoa; Ward, LaWanda; Lowery, John Wesley; School of Education
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    Mutiny Over Strict Scrutiny? Interpreting the Judicial Approach to Race-Conscious Higher Education Admission Policies
    (Thomson Reuters, 2016) Nguyễn, David Hòa Khoa; Ward, LaWanda; School of Education
    During the United States Supreme Court’s 2015-16 term, Fisher v. University of Texas at Austin (hereinafter referred to as Fisher I and Fisher II) was heard for a second time. The main issue in this case centered on the question of whether the University’s implementation of its admissions plan, in conjunction with the state’s Top Ten Percent Law, meets the two-prong strict scrutiny standard of first, being a compelling state interest and second, a narrowly tailored means to meet the stated objective. Under the Top Ten Percent Law high school students who graduate in the top ten percent of their class are eligible for automatic admission to any public college or university in Texas. In its 2013 ruling in Fisher I, the Supreme Court surmised that the Fifth Circuit Court of Appeals failed to properly apply the strict scrutiny analysis to the contested plan. The Fifth Circuit Court of Appeals ruled in the first appearance of Fisher I in 2011 and the second in 2014 that the University’s admissions format is constitutionally sound based on a strict scrutiny analysis. Since the application of the doctrinal framework for strict scrutiny is at odds between the high court and the Fifth Circuit, the Supreme Court’s analysis in Fisher II is of great interest. In this article using colorblind discourse as a theoretical framework, we posit why the Supreme Court accepted Fisher I for a second time especially in light of justiciability questions regarding the “troublesome threshold issues relating to standing and mootness,” analyze the Court’s Fisher II oral arguments, and share best practices on what higher education institutions can legally do to continue admitting and retaining people of color.
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    No Smoking Guns Here: Residence Life Directors' Perspectives on Concealed Carry in On-Campus Living Communities
    (Association of College and University Housing Officers - International, 2018) Ward, LaWanda; Nguyen, David J.; Nguyễn, David Hòa Khoa; School of Education
    The role of student affairs educators is to ensure that students not only obtain an educational experience, but also that out-of-classroom experiences contribute to holistic development. In particular, student affairs professionals often coordinate residential living, student activities, and advising programs. These programmatic offerings need to account for the diversifying student body and respond to shifting political landscapes. Student affairs practitioners face daily dilemmas that require decisions grounded in multicultural competent critical thinking and acute awareness (Pope, Reynolds, & Mueller, 2004; Watt, 2015). An area engendering more attention is the role of concealed carry weapons on college campuses. The emergence of gun violence within college and university settings beginning in 2007 with the Virginia Tech shootings launched myriad discussions about prevention and accountability among campus leadership, concerned citizens, and state legislatures. Within student affairs, conversations about students' safety always have been a priority, so addressing gun violence on campus moved higher on the discussion list. [Discussion questions developed by Alyse Gray Parker.]