1. As decided by the Fifth Circuit Court of Appeals in Hopwood v. State of Texas, 78 F.3d 932 (5th Circuit 1996). On the extent of that drop in Texas and other states that got rid of affir-mative action in the second half of the 1990s, see Themstrom and Thernstrom, “Reflections,” pp. 1626–1627; Rachel Moran, “Diversity and Its Discontents: The End of Affirmative Action at Boalt Hall,” California Law Review, 88, December 2000, pp. 2241–2352.
2. See Uniform Admission Policy Act (Texas Education Code Ann. §§ 51.801–51.805), as well as Lani Guinier and Gerald Torres, The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy, Cambridge (Mass.), Harvard University Press, 2002, pp. 69–74. On the legislative history of the “ten-percent plan,” see David Montejano, “Maintaining Diversity at the University of Texas,” in Post and Rogin, eds., Race and Representation, pp. 362–366.
3. On the specific missions and constraints of public universities, see generally John Aubrey Douglass, The Conditions for Admission: Access, Equity, and the Social Contract of Public Universities, Stanford, Stanford University Press, 2007.
4. See Erica Frankenberg, Chungmei Lee, and Gary Orfield, A Multiracial Society with Segregated Schools: Are We Losing the Dream? (January 2003), at
http://wuau.civilrightsproject.harvard.edu/research/reseg03/AreWeLosingtheDream.pdf
(accessed on March 23, 2007); Michelle Wilde Anderson, “Colorblind Segregation: Equal Protection as a Bar to Neighborhood Integration,” California Law Review, 92 (3), 2004, pp. 841–884.
5. See Jencks and Phillips, The Black-White Test Score Gap; Abigail Thernstrom and Stephan Thernstrom, No Excuses: Closing the Racial Gap in Learning, New York, Simon and Schuster, 2003.