EEOC v. Peabody Coal & Navajo Nation — CA9 Materials

This long-running case involves the Navajo tribal preference statute. The district court dismissed the claim under Rule 19 (one of my faves!). Here are the Ninth Circuit materials:

DCT Order

Continue reading

More Impacts of Prop. 2 — Financial Aid

As the news about the 2007-2008 academic year comes out, we will be following the impact of Prop. 2 on minority students and communities in Michigan, with an emphasis on American Indian students.

Details from the Detroit News: “A record number of new freshmen flocked to Michigan public universities this fall, but some scholarship opportunities for the 40,674 students have dried up in light of Proposal 2.

“The constitutional amendment passed by voters last November not only banned preferences based on race and gender in public university admissions, but also shut down financial aid programs geared toward those targeted groups.

“Scholarships for women in engineering, single mothers, Hispanic scholars and high-achieving black students are among the programs that have been eliminated or altered at some of the state’s 15 public universities. In general, university leaders said they didn’t take away scholarships they promised students before Proposal 2 took effect Dec. 23, but the challenge has been how to help incoming classes without violating the law.”


“The Alumni Association of the University of Michigan decided this fall to establish race- and gender-based scholarships after assurances from lawyers that doing so wouldn’t violate the law, leaders said.

“The board set aside $650,000 in seed money and anticipates awarding the first scholarships for incoming students in 2008.

“We wanted to be able to make it possible for alumni and others who want to provide support to do so,” said alumni association president Steve Grafton. “They can’t do that with the university and we can provide that opportunity for them.

“And we are really interested in helping to maintain and build the diversity at the university. This is a recruiting tool that will help the university recruit the very brightest students of color, women in engineering and men in nursing,” he said.

“Much of the debate over Proposal 2 has focused on the University of Michigan, the only state university that admittedly used affirmative action in undergraduate admissions. But the impact of the new constitutional amendment can be felt around the state, as scholarships for students based, in part, on race, gender or ethnicity were not uncommon.

“Universities initiated reviews of all of their scholarship programs. Central Michigan University found four scholarships that involved preferences. CMU didn’t change two slated for Native Americans because they believe those scholarships are based on sovereignty status, not on race.

Resources on Diversity on University Faculties

From Nick Reo–

Here are a couple of resources I thought you would appreciate that I became aware of at a recent conference.  The resources come from two keynote speakers, scholars we should all be aware of. 

Donna Nelson ( is an American Indian Chemistry Professor at the University of Oklahoma who has surveyed gender and racial composition of faculties at the top 50 U.S. research institutions. She presented the results of this study and has made the final report and their data available on her website.

National Analysis on Science & Engineering Faculties at Research Institutions- Final Report

Summary Tables and Information from the study:

Dorceta Taylor, Environmental Justice scholar from the University of Michigan, recently completed a related study that focuses on environmental and natural resource departments. Her results are reported in a recent issue of BioScience (February 2007- Vol. 57 No. 2). Also, see the Minority Environmental Leadership Development Institute website for some outstanding resources.

Michigan Affirmative Action Symposium

The Michigan Journal of Race & Law is hosting a symposium on affirmative action in Michigan after Prop. 2.

The symposium announcement is here.

For materials on Prop. 2 and its potential impact on American Indian students, please go here and here. For a pdf copy of the Michigan Civil Rights Commission report on Prop. 2, go here. Attachment no. 4 of the report concerns the impact of Prop. 2 on American Indian tuition waiver and is here.

From the symposium announcement….

From Proposition 209 to Proposal 2:
Examining the Effects of Anti-Affirmative Action Voter Initiatives

The diversity of perspectives that is cherished and celebrated by the Michigan Journal of Race & Law and the University of Michigan community is threatened with the passage of ballot initiatives like Michigan’s Proposal 2, which bans the use of race and gender in school admissions. These issues are both timely and critically important in a society that is becoming increasingly segregated by race and ethnicity, both residentially and socially. With the recent passing of Proposal 2 as well as the recent U.S. Supreme Court ruling regarding the use of race in public schools, we believe it is crucial to maintain an open and positive dialogue regarding race and education. To that end, our Symposium endeavors to address the variety of policy and legal questions arising out of the anti-affirmative action movement. Our Symposium will explore a broad range of issues including: the current effects of Proposition 209 in California and the potential effects of Proposal 2 on public university education and leadership within the state of Michigan, potential legal alternatives to affirmative action, and existing and emerging efforts to remedy K-12 educational disparities. Most notably, we present this symposium with the hope of preserving the University of Michigan’s longstanding commitment to diversity and as an answer to University of Michigan President Coleman’s request to “Show others what a U-M education looks like”.