1. MacLean, Nancy, Freedom Is Not Enough: The Opening of the American Workplace (Cambridge, Mass., 2006)Google Scholar; Minchin, Timothy, Hiring the Black Worker: The Racial Integration of the Southern Textile Industry, 1960–1980 (Chapel Hill, 1999)Google Scholar; Biondi, Martha, To Stand and Fight: The Struggle for Civil Rights in Postwar New York City (Cambridge, Mass., 2003)Google Scholar; Smith, Robert, Race, Labor, and Civil Rights: Griggs Versus Duke Power and the Struggle for Equal Employment Opportunity (Baton Rouge, 2008)Google Scholar; Golland, David Hamilton, Constructing Affirmative Action: The Struggle for Equal Employment Opportunity (Lexington, 2011)Google Scholar; Anderson, Terry H., The Pursuit of Fairness: A History of Affirmative Action (New York, 2004)Google Scholar; Sugrue, Thomas, “Affirmative Action from Below: Civil Rights, the Building Trades, and the Politics of Racial Equality in the Urban North, 1945–1969,” Journal of American History 91 (June 2004): 145–73Google Scholar; Chen, Anthony S., The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, 2009)Google Scholar; Skrentny, John D., The Minority Rights Revolution (Cambridge, Mass., 2002)Google Scholar; Graham, Hugh Davis, The Civil Rights Era: Origins and Development of National Policy (New York, 1990)Google Scholar; Moreno, Paul, From Direct Action to Affirmative Action: Fair Employment Law and Policy in America, 1933–1972 (Baton Rouge, 1997)Google Scholar; Rubio, Philip F., A History of Affirmative Action, 1619–2000 (Jackson, Miss., 2001)Google Scholar; Felker-Kantor, Max, “‘A Pledge Is Not Self-Enforcing’: Struggles for Equal Employment Opportunity in Multiracial Los Angeles, 1964–1982,” Pacific Historical Review 82 (February 2013): 63–94.Google Scholar

2. The term “early adopters” comes from Stulberg, Lisa M. and Chen, Anthony, “The Origins of Race-Conscious Affirmative Action in Undergraduate Admissions: A Comparative Analysis of Institutional Change in Higher Education,” Sociology of Education 87 (December 2013): 37Google Scholar. Scholars studying the early 1960s usually suggest that the moral claims or “political milieu” of the civil rights movement unfolding off campus convinced university administrators to implement affirmative action, see John Aubrey Douglass, in The Conditions for Admission: Access, Equity, and the Social Contract of Public Universities (Stanford, 2007), 97; McCormick, Richard P., The Black Student Protest Movement at Rutgers (New Brunswick, 1990), 4–6Google Scholar; Stulberg and Chen, “The Origins of Race-Conscious Affirmative Action in Undergraduate Admissions,” 36–52. Downs, Donald Alexander, Cornell ‘69: Liberalism and the Crisis of the American University (Ithaca, 1999), 3–4, 8–9Google Scholar, sees the rise of affirmative action at Cornell in 1963 as an example of the “moral urges of liberalism,” which readers are left to connect to the civil rights movement. Scholars studying inclusion in the mid- and late 1960s who failed to find direct pressure on campus to create affirmative action admissions point to urban rebellions and the assassination of Martin Luther King Jr. to explain why administrators adopted race-conscious policies. For examples, see Karabel, Jerome, The Chosen: The Hidden History of Admission and Exclusion at Harvard, Yale, and Princeton (New York, 2005), 378–409Google Scholar; Williamson, Joy Ann, Black Power on Campus: The University of Illinois, 1965–1975 (Urbana, 2003), 65–66Google Scholar; Duffy, Elizabeth A. and Goldberg, Idana, Crafting a Class: College Admissions and Financial Aid, 1955–1994 (Princeton, 1998),140–41Google Scholar; Thelin, John, A History of American Higher Education, 2nd ed. (Baltimore, 2011), 347–48Google Scholar. Scholars who link the rise of affirmative action admissions practices in the mid- and late 1960s to direct pressure from campus activism are: Martha Biondi, The Black Revolution on Campus (Berkeley, 2012), 51–52, and Rogers, Ibram H., The Black Campus Movement: Black Students and the Racial Reconstitution of Higher Education, 1965–1972 (New York, 2012), 113–14, 151.Google Scholar

3. Here I’m building on the work of a small group of scholars who emphasize the importance of institutional managers in corporations in understanding affirmative action: Dobbin, Frank, Inventing Equal Opportunity (Princeton, 2009)Google Scholar; Delton, Jennifer, Racial Integration in Corporate America, 1940–1990 (New York, 2009)Google Scholar. Gwyneth Mellinger has also produced an excellent study of the people behind changing inclusion policies within a professional organization in Chasing Newsroom Diversity: From Jim Crow to Affirmative Action (Urbana, 2013). Scholars have also shed light on the importance of personnel managers in developing inclusion policies in other areas. For example, Rayburn, Nicole C., Changing Corporate American from the Inside Out: Lesbian and Gay Workplace Rights (Minneapolis, 2004).Google Scholar

4. Deslippe, Dennis, Protesting Affirmative Action: The Struggle over Equality and the Civil Rights Revolution (Baltimore, 2010)Google Scholar; Hosang, Daniel Martinez, Racial Propositions: Ballot Initiatives and the Making of Postwar California (Berkeley, 2010)Google Scholar; Quinn, Eithne, “Closing Doors: Hollywood, Affirmative Action, and the Revitalization of Conservative Racial Politics,” Journal of American History 99 (September 2012): 466–91Google Scholar;Laura Kalman, Right Star Rising: A New Politics, 1974–1980 (New York, 2010); Ball, Howard, The Bakke Case: Race, Education, and Affirmative Action (Lawrence, Kans., 2000)Google Scholar; Sugrue, Thomas J. and Skrentny, John D., “The White Ethnic Strategy,” in Rightward Bound: Making America Conservative in the 1970s, ed. Schulman, Bruce J. and Zelizer, Julian E. (Cambridge, Mass., 2008), 13–28Google Scholar; Cokorinos, Lee, The Assault on Diversity: An Organized Challenge to Racial and Gender Justice (New York, 2003)Google Scholar; MacLean, Freedom Is Not Enough; Pusser, Brian, Burning Down the House: Politics, Governance, and Affirmative Action at the University of California (Albany, 2004)Google Scholar; Durr, Kenneth D., Behind the Backlash: White Working-Class Politics in Baltimore, 1940–1980 (Chapel Hill, 2003)Google Scholar.

5. For an overview of early federal polices, see Anderson, The Pursuit of Fairness, and Moreno, From Direct Action to Affirmative Action. For coverage of Eisenhower’s PCGC and its early race-conscious policies, see Thurber, Timothy M., “Racial Liberalism, Affirmative Action, and the Troubled History of the President’s Committee on Government Contracts,” Journal of Policy History 18, no. 4 (2006): 454–55.Google Scholar

6. Countryman, Matthew J., Up South: Civil Rights and Black Power in Philadelphia (Philadelphia, 2006), 83, 104–10Google Scholar. For examples of similar protests outside Philadelphia in the early 1960s, see Anderson, The Pursuit of Fairness, 58; Taylor, Quintard, “The Civil Rights Movement in the American West: Black Protest in Seattle, 1960–1970, Journal of Negro History 80 (Winter 1995): 4.Google Scholar

7. Zweigenhaft, Richard L. and Domhoff, G. William, Diversity in the Power Elite: How It Happened, Why It Matters (New York, 2006), 95Google Scholar; Hobart Taylor Jr., Interview by John F. Steward, 11 January 1967, transcript, Hobart Taylor Papers, Box 1, Folder: Personal, Oral History Interview, John F. Kennedy Library, 1967 (1), Bentley Historical Library, University of Michigan (hereafter BHL).

8. Hobart Taylor, Interview by Stephen Goodell, 6 January 1969, transcript, Hobart Taylor Papers, Box 1, Folder: Personal, Oral History Interview, University of Texas, 1969, BHL. Words such as “positive effort” and “affirmative program” were already common in civil rights rhetoric and in Kennedy’s campaign. “Affirmative action,” of course, was first used in public policy in the Wagner Act of 1935, but was not used in reference to race. See Hugh Davis Graham, The Civil Rights Era: Origins and Development of National Policy, 1960–1972 (New York, 1990), 33. Moreover, as noted above, scholars such as Timothy Thurber, Paul Moreno, and Terry Anderson have shown that federal officials had pushed companies to practice race-based hiring before Taylor put the phrase into the executive order.

9. Golland, Constructing Affirmative Action, 48–49; Anderson, Pursuit of Fairness, 64–65.

10. Lemann, Nicholas, The Big Test: The Secret History of Meritocracy (New York, 1999), 162Google Scholar; Golland, Constructing Affirmative Action, 48; Sugrue, Sweet Land of Liberty: The Forgotten Struggle for Civil Rights in the North (New York, 2008), 277–78; Sugrue, Thomas, The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton, 1996), 143–44.Google Scholar

11. Much of the scholarship on activism for jobs in the 1950s and early 1960s has focused on access to blue-collar jobs. One exception is Steven Gelber, Black Men and Businessmen: The Growing Awareness of a Social Responsibility (Port Washington, N.Y., 1974), 123–38. For Taylor’s speeches, see Hobart Taylor, “Commencement Address at Prairie View Agricultural and Mechanical College, 21 May 1961, Hobart Taylor Papers, Box 1, Folder: Addresses, Speeches, and Remarks, 1961–62, BHL; Taylor, Hobart Jr., “Equal Employment Opportunity,” in Proceedings of New York University Fifteenth Annual Conference on Labor, ed. Stein, Emanuel (New York, 1962), 35–36Google Scholar, Hobart Taylor Papers, Box 1, Folder: Addresses, Speeches, and Remarks, 1961–62, BHL.

12. Taylor, “Commencement Address at Prairie View Agricultural and Mechanical College”; Taylor, “Equal Employment Opportunity,” 35–36; Sugrue, Sweet Land of Liberty, 277.

13. For background on the federal government’s reluctance to intervene in higher education, see Thelin, A History of American Higher Education, 268–70. For coverage of federal intervention at the University of Mississippi, see Eagles, Charles W., The Price of Defiance: James Meredith and the Integration of Ole Miss (Chapel Hill, 2009).Google Scholar

14. President’s Committee on Equal Employment Opportunity, Report to the President (Washington, D.C., 1963), 109, suggests that Taylor’s first interventions on university campuses were at the University of Michigan and Wayne State University; Graham, Hugh Davis and Diamond, Nancy, The Rise of American Research Universities: Elites and Challengers in the Postwar Era (Baltimore, 1997), 38Google Scholar; Moreno, From Direct Action to Affirmative Action, 188–89; Golland, Constructing Affirmative Action, 41–42; “March Meeting 1962,” Proceedings of the Board of Regents (1960–1963) (Ann Arbor, 2000), 646, http://quod.lib.umich.edu/u/umregproc/ACW7513.1960.001/664?rgn=full+text;view=pdf; “Race Records Not Available,” Michigan Daily, 17 March 1962, 1.

15. “Students, the University of Michigan and Discrimination,” 1960, Vice President of Student Affairs Records, Box 6, Folder: James A. Lewis, Topical, Human Relations Board (Race Discrimination) 1958–63, BHL; “March Meeting 1962,” Proceedings of the Board of Regents, 646; “Race Records Not Available,” Michigan Daily, 17 March 1962, 1; Michael Harrah, “FEPC Stirs Racial Consciousness,” Michigan Daily, 21 March 1962, 4.

16. “March Meeting 1962,” Proceedings of the Board of Regents (1960–1963), 646.

17. Gloria Bowles, “Labor Records: ‘U’ to Study Minorities,” Michigan Daily, 4 January 1963, 1; Minutes of the Academic Affairs Advisory Council, 9 January 1963, Provost and Executive Vice President for Academic Affairs, Central Files Box 1, Folder: Academic Affairs Advisory Council Minutes, 1962–63, BHL.

18. “Related Data on Negroes,” Michigan Daily, 23 February 1963, 1. The PCEEO was not the first agency to do this. While the PCEEO enjoyed more power to collect employment data, Eisenhower’s PCGC understood the limitations of the individual complaint model as early as 1954 and began using workforce data to challenge companies’ claims that they weren’t discriminating and to push companies beyond token hiring. Thurber, “Racial Liberalism, Affirmative Action, and the Troubled History of the President’s Committee on Government Contracts,” 454–55; Paul D. Moreno, From Direct Action to Affirmative Action, 181–89; Sugrue, Sweet Land of Liberty, 269.

19. James A. Lewis to The President’s Staff, RE: Report—Equal Employment Opportunity Program, 4 May, Vice President Winfred A. Harbison Papers, Box 226, Walter P. Reuther Library, Wayne State University (hereafter WPR Library). The topics of these meetings were later recounted in Inter-University Conference on the Negro in Higher Education, 21 October 1963, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder Negro, re 1963–64, BHL.

20. Golland, Constructing Affirmative Action, 41; Hobart Taylor, Interview by Stephen Goodell, 6 January 1969, transcript, Hobart Taylor Papers, Box 1, Folder: Personal, Oral History Interview, University of Texas, 1969, BHL.

21. Scholars who emphasize PfP’s failures include: MacLean, Freedom Is Not Enough, 44; Moreno, From Direct Action to Affirmative Action, 197; and Golland, Constructing Affirmative Action, 44–50. Jennifer Delton brings to light some of the successes of PfP in Racial Integration in Corporate America, 189–91.

22. Stephen Spurr, who also attended, recounted the meeting eight years later in: S. H. Spurr, Draft, 22 April 1970, President’s Records, Box 12, Folder: Black (Faculty/Students, re), BHL; A. H. Wheeler, NAACP Position Paper on University Student Black Action Movement, 21 March 1970, Center for AfroAmerican and African Studies Records, Box 1, Folder: BAM, Selected Documents, 1970–87, BHL; Wheeler describes the same meeting at a recorded conference in 1980: “Prof. Wheeler Foster, Mood, Stone, ‘U of M a Decade After BAM,’” Center for AfroAmerican and African Studies Records, Box 28, BHL; Roger W. Heyns, “Berkeley Chancellor, 1965–1971: The University in a Turbulent Society,” Interview by Harriet Nathan, Regional Oral History Office, Bancroft Library, University of California at Berkeley, 1987, 54–56, https://archive.org/details/berkeleychancellor00heynrich; Vice-President to Francis A. Kornegay, 28 February 1963, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Tuskegee Institute, 1962–63, BHL.

23. Timothy Minchin, Hiring the Black Worker, 50–51.

24. “Cites Result of Program,” Michigan Daily, 25 June 1963, 1. For concerns about unemployed and underemployed African American youths in cities, see a brief description of the meeting in University of Michigan Board of Regents, “June Meeting, 1963,” Proceedings of the Board of Regents (1960–1963), 1218–19, http://quod.lib.umich.edu/u/umregproc/ACW7513.1960.001/1258?rgn=full+text;view=pdf.

25. Eskew, Glenn T., But for Birmingham: The Local and National Movements in the Civil Rights Struggle (Chapel Hill, 1997), 222Google Scholar; Sugrue, “Affirmative Action from Below,” 161–62; Sugrue, Thomas, “The Tangled Roots of Affirmative Action,” American Behavioral Scientist 41 (April 1998): 892Google Scholar; For examinations of protests outside Philadelphia, see Purnell, Brian, “‘The Revolution has Come to Brooklyn’: Construction Trades Protests and the Negro Revolt of 1963,” in Black Power at Work: Community Control, Affirmative Action, and the Construction Industry, ed. Goldberg, David and Griffey, Trevor (Ithaca, 2010), 1–47Google Scholar, and Julie Rabig, “‘The Laboratory of Democracy’: Construction Industry Racism in Newark and the Limits of Liberalism,” in Black Power at Work, 48–67.

26. Sugrue, Sweet Land of Liberty, 269–70; Sugrue, “Affirmative Action from Below,” 164; “Supplemental Message on Civil Rights,” 14 June 1963, Papers of John F. Kennedy, Presidential Papers, President’s Office Files, Series: Subjects, Folder: Civil Rights: General, June 1963: 14–30, John F. Kennedy Presidential Library, http://www.jfklibrary.org/Asset-Viewer/Archives/JFKPOF-097-003.aspx. Just days before Kennedy brought education leaders to the White House, Theodore Sorensen, Kennedy’s Special Counsel, was crafting one of Kennedy’s many speeches on civil rights in 1963. The speech reiterated what Hobart Taylor had been suggesting for the past year: the United States needed to expand educational opportunities for African Americans because “Too many . . . are equipped to work in those occupations where technology and other changes have reduced the need for manpower.” John F. Kennedy, “Special Message to the Congress on Civil Rights and Job Opportunities,” 19 June 1963, The American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=9283.

27. Harlan Hatcher’s 30 September 1963 speech was reprinted months later as “The State of the University,” Michigan Quarterly Review 3 (Winter 1964): 1–7. Hatcher also admitted in a 1992 interview that his meeting with Kennedy played an important role in what he called the University’s “first efforts . . . to incorporate . . . the Black group.” See Harlan H. Hatcher, Interview by Enid H. Galler, December 1991, March 1992, transcript, Harlan Hatcher Papers, Box 60, Folder: Autobiographical-Interview, 1990–92, Transcript, Tapes 4–8, BHL.

28. “Inter-University Conference on the Negro in Higher Education,” 21 October 1963, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Negro, re 1963–64, BHL. Heyns revealed that Taylor suggested the conference in: Roger Heyns to Arthur Neef, 16 July 1963, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Negro, re 1963–64, BHL; “Wayne State 1st School to Join Fair Hiring Progress Program,” Chicago Daily Defender, 23 July 1963, 16; “Plans for Progress Joint Statement of Wayne State University and The President’s Committee on Equal Employment Opportunity,” 25 June 1963, Vice President Winfred Harbison Papers, Box 226, WRL.

29. For information on General Electric and the Aluminum Company of America’s participation in Plans for Progress, see Dobbin, Inventing Equal Opportunity, 60, and Jennifer Delton, Racial Integration in Corporate America, 182; “Inter-University Conference on the Negro in Higher Education.”

30. Release on Receipt, 7 June 1977, News and Information Services, Faculty and Staff Files, Box 112, Folder: Sain, Leonard, BHL; “Project of the Negro in Higher Education, Census of Negro Students Enrolled (full-time) (Fall Semester 1963–64),” 21 February 1964, Fall Semester 1963–64, Opportunity Award Program Records, Box 1, Folder: Student Census, BHL; Warner Rice to Leonard Sain, 6 April 1964, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Negro, re 1963–64, BHL; School of Education Faculty Meeting Minutes, January 1964, Opportunity Award Program Records, Box 1, Folder: Student Census Correspondence, BHL; Notecard, 17 December 1963, Opportunity Award Program Records, Box 1, Folder: Student Census Correspondence, BHL.

31. “Project of the Negro in Higher Education, Census of Negro Students Enrolled”; Some Characteristics of Negro Freshmen at the University of Michigan, Opportunity Award Program Records, Box 1, Folder: Student Census 1963, BHL; John Chavis, “Words on the Tenth Anniversary of the Opportunity Program: The University of Michigan,” 14 November 1974, 2, John Chavis Papers, Box 1, BHL; H. Neil Berkson, “‘Small Number’: Surveys Negroes at ‘U,’” Michigan Daily, 16 February 1964, 1; The President’s Report for 1963–1964 (Ann Arbor, 1964), 316, 327, http://babel.hathitrust.org/cgi/pt?id=mdp.39015071493590;view=1up;seq=7.

32. Berkson, “‘Small Number,’” 1.

33. Suzanne M. Meyer to Dr. James Lewis, 13 November 1963, Vice President of Student Affairs Records, Box 6, Folder: James A. Lewis, Topical, Human Relations Board (Race Discrimination) 1958–63, BHL; University of Michigan Board of Regents, “October Meeting 1964,” Proceedings of the Board of Regents (1963–1966) (Ann Arbor, 2000), 563, http://quod.lib.umich.edu/u/umregproc/ACW7513.1963.001/577?rgn=full+text;view=pdf.

34. Anderson, The Pursuit of Fairness, 76–80; Anthony Chen, The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, 2009), 88–114; Stulberg and Chen, “The Origins of Race–Conscious Affirmative Action in Undergraduate Admissions,” 39; Ball, The Bakke Case; Dennis Deslippe, Protesting Affirmative Action, 111–49.

35. Berkson, “‘Small Number,’” 1; “For Release at 12 Noon, Thursday, 5 March 1964,” Provost and Executive Vice President for Academic Affairs Records, Central Files, Box 1, Folder: Negro, re 1963–64, BHL; Leonard Sain to Anne H. Gray, 30 June 1964, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Negro, re 1963–64, BHL; Roger W. Heyns to Hobart Taylor, 8 February 1964, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder Negro, re 1963–64, BHL; W. K. McInally to Roger Heyns, 24 January 1964, Provost and Executive Vice President for Academic Affairs, Central Files, Box 1, Folder: Negro, re 1963–64, BHL.

36. University Steering Committee on the Development of Academic Opportunities, “Racial Origin Survey,” January 1967, Housing Division Records, Box 1, Folder: Academic Opportunities (Minorities), BHL; John M. Allen to Professor Norman R. Scott, 7 November 1966, Housing Division Records, Box 1, Folder: Academic Opportunities (Minorities), BHL.

37. Brubacher, John, Higher Education in Transition: A History of American Colleges and Universities (New Brunswick, 1997), 369.Google Scholar

38. “The University of Michigan Opportunity Award Program, 1964–1968,” Provost and Executive Vice President for Academic Affairs, Central Files, Box 8, Folder: Chavis, John, BHL; John Chavis to VP Allan Smith, 25 November 1968, Provost and Executive Vice President for Academic Affairs, Central Files, Box 14, Folder: Chavis, John, BHL; John Chavis Biographical Data, John Chavis Papers, Box 1, Folder: Biographical Info, BHL.

39. Draft, 9 December 1968, John Chavis Papers, Box 1, Folder: Opportunity Award Programs, 1965–68, BHL; Z. A. Johnson to Dr. Vroman, Provost and Executive Vice President for Academic Affairs, Box 7, Folder: Admissions, BHL. Goodman recounted some of these practices in a public talk in 1980: George Goodman, “Black Students at U of M in the 1970’s,” 13 February 1980, Tape 1, Center for Afroamerican and African Studies, Box 28, BHL.

40. Ruth Eckstein, “Black Opportunity Undergraduates at the University of Michigan, 1964–1970: A Retrospective View,” 15 August 1971, Provost and Executive Vice President for Academic Affairs, Staff Files, Box 50, Folder: Black Opportunity Undergraduates at the University of Michigan, 1964–70, BHL; “The University of Michigan Opportunity Award Program, 1964–1968,” Provost and Executive Vice President for Academic Affairs, Central Files, Box 8, Folder: Chavis, John, BHL.

41. For an explanation of the difference between “soft” and “hard” programs, see Stulberg and Chen, “The Origins of Race-Conscious Affirmative Action in Undergraduate Admissions,” 38.

42. Judith Barnett, “Program Seeks to Help Negro Students,” Michigan Daily, 26 April 1964, 1; Philip Sutin, “Heyns Reveals New Plan to Assist ‘Disadvantaged,’” Michigan Daily, 6 March 1964, 1; “The Opportunity Award Program,” 1968, Provost and Executive Vice President for Academic Affairs, Supplemental Files, Box 1, Folder: Opportunity Awards Program: W. L. Cash, 1968–71, BHL; “The Need to Recruit Poor Cited at U-M,” Ann Arbor News, 11 January 1967, 2.

43. George Goodman, “Black Students at U of M in the 1970’s.”

44. “Need to Recruit Poor Cited at U-M,” Michigan Daily, 11 January 1967, 2; John Chavis to Vice President Allan Smith, Subject: Opportunity Award Program, 7 June 1968, President’s Records, Box 4, Folder: Opportunity Award Program, BHL.

45. Brief for 65 Leading American Businesses as Amicus Curiae Supporting Respondents, Gratz v. Bollinger 123 S. Ct. 602 (2002) (No. 02-516); Brief of MTV Networks as Amicus Curiae Supporting Respondents, Gratz v. Bollinger 123 S. Ct. 602 (2002) (No. 02-516); Brief of General Motors Corporation as Amicus Curiae Supporting Respondents, Gratz v. Bollinger 123 S. Ct. 602 (2002) (No. 02-516); Brief for Media Companies as Amicus Curiae Supporting Respondents, Gratz v. Bollinger 123 S. Ct. 602 (2002) (No. 02-516). R. W. Fleming to Mr. Anthony G. De Lorenzo, 20 December 1968, Provost and Executive Vice President for Academic Affairs, Staff Files, Box 51, Folder: Martin Luther King Committee, 1968–69, BHL; Robben W. Fleming to Henry Ford II, Draft, 1968, Provost and Executive Vice President for Academic Affairs, Staff Files, Box 51, Folder: Martin Luther King Committees, 1968–69, BHL; R. W. Fleming to James W. Roche, 11 April 1969, Otis M. Smith Papers, Box 2, Folder: Regents Papers, Martin Luther King Memorial Scholarship Fund, 1968–70, BHL.

46. Halley Potter, “What Can We Learn from States That Ban Affirmative Action,” The Century Foundation, 26 June 2014 https://tcf.org/content/commentary/what-can-we-learn-from-states-that-ban-affirmative-action/.

47. Fisher v. University of Texas at Austin, 579 U.S. ____ (2016). Much of the literature that challenges the effectiveness of “race-neutral” alternatives to affirmative action focuses on programs created in the last twenty years. Some examples include: Kidder, William C., “Misshaping the River: Proposition 209 and Lessons for the Fisher Case,” Journal of College and Univeristy Law 38, no. 1 (2013): 53–125Google Scholar; Niu, Sunny Xinchun, Teresa Sullivan, and Marta Tienda, “Minority Talent Loss and the Texas Top 10 Percent Law,” Social Science Quarterly 89, no. 4 (2008): 831–45CrossRefGoogle Scholar; Chambers, David L., Clydesadel, Timothy T., Kidder, William C., and Lempert, Richard O., “The Real Impact of Eliminating Affirmative Action in American Law Schools: An Empirical Critique of Richard Sander’s Study,” Stanford Law Review 57 (May 2005): 1855–98Google Scholar; Orfield, Gary, Miller, Edward, and Edley, Christopher Jr., eds., Chilling Admissions: The Affirmative Action Crisis and the Search for Alternatives (Cambridge, Mass., 1998).Google Scholar