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0 CHANGES IN AFFIRMATIVE ACTION IN THE ERA OF HOPWOOD, GRUTTER, AND GRATZ * Grant H. Blume University of Washington [email protected] Mark C. Long University of Washington [email protected] (corresponding author) Abstract: Affirmative action in college admissions was effectively banned in Texas by the Hopwood ruling in 1997, by voter referenda in California and Washington in 1996 and 1998, and by administrative decisions in Florida in 1999. The Hopwood and Johnson rulings also had possible applicability to public colleges throughout Alabama, Georgia, Louisiana, and Mississippi. The Supreme Court’s 2003 decision in the Grutter and Gratz cases reaffirmed but limited the legal basis for affirmative action in colleges. This paper uses nationally representative data on the admissions decisions of high school students in 1992 and 2004 to estimate the magnitude of the change in affirmative action in admissions decisions (i.e., how these policy changes affected the relative likelihood of admission of minority and non-minority applicants). We find substantial declines in levels of affirmative action practiced by highly selective colleges nationwide, and particularly large and significant declines in the states affected by bans and the Hopwood and Johnson rulings. This decline in affirmative action in these states also affected the local availability of affirmative action to students who lived in adjacent states, particularly when the adjacent states lacked highly selective colleges. Keywords: College Admission; Affirmative Action; Institutional Response to Policy; Geographic Proximity JEL classification: D63; H73; H83; I23; I28; J15; J24; J78 * Grant Blume received support for this project from the US Department of Education, Institute of Education Sciences (#R305B090012). We would like to thank the National Center for Education Statistics for access to the restricted-use version of the National Education Longitudinal Study of 1988 and Education Longitudinal Study of 2002, and helpful suggestions by Cory Koedel, Jeff Smith, and audience members at presentations at the University of Washington and the Association for Public Policy Analysis and Management conference. The authors are accountable for all views expressed and any errors.

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CHANGES IN AFFIRMATIVE ACTION

IN THE ERA OF HOPWOOD, GRUTTER, AND GRATZ*

Grant H. Blume

University of Washington

[email protected]

Mark C. Long

University of Washington

[email protected]

(corresponding author)

Abstract: Affirmative action in college admissions was effectively banned in Texas by the Hopwood ruling in 1997, by voter referenda in California and Washington in 1996 and 1998, and by administrative decisions in Florida in 1999. The Hopwood and Johnson rulings also had possible applicability to public colleges throughout Alabama, Georgia, Louisiana, and Mississippi. The Supreme Court’s 2003 decision in the Grutter and Gratz cases reaffirmed but limited the legal basis for affirmative action in colleges. This paper uses nationally representative data on the admissions decisions of high school students in 1992 and 2004 to estimate the magnitude of the change in affirmative action in admissions decisions (i.e., how these policy changes affected the relative likelihood of admission of minority and non-minority applicants). We find substantial declines in levels of affirmative action practiced by highly selective colleges nationwide, and particularly large and significant declines in the states affected by bans and the Hopwood and Johnson rulings. This decline in affirmative action in these states also affected the local availability of affirmative action to students who lived in adjacent states, particularly when the adjacent states lacked highly selective colleges. Keywords: College Admission; Affirmative Action; Institutional Response to Policy; Geographic Proximity JEL classification: D63; H73; H83; I23; I28; J15; J24; J78

* Grant Blume received support for this project from the US Department of Education, Institute of Education Sciences (#R305B090012). We would like to thank the National Center for Education Statistics for access to the restricted-use version of the National Education Longitudinal Study of 1988 and Education Longitudinal Study of 2002, and helpful suggestions by Cory Koedel, Jeff Smith, and audience members at presentations at the University of Washington and the Association for Public Policy Analysis and Management conference. The authors are accountable for all views expressed and any errors.

1

CHANGES IN AFFIRMATIVE ACTION

IN THE ERA OF HOPWOOD, GRUTTER, AND GRATZ

Abstract: Affirmative action in college admissions was effectively banned in Texas by the Hopwood ruling in 1997, by voter referenda in California and Washington in 1996 and 1998, and by administrative decisions in Florida in 1999. The Hopwood and Johnson rulings also had possible applicability to public colleges throughout Alabama, Georgia, Louisiana, and Mississippi. The Supreme Court’s 2003 decision in the Grutter and Gratz cases reaffirmed but limited the legal basis for affirmative action in colleges. This paper uses nationally representative data on the admissions decisions of high school students in 1992 and 2004 to estimate the magnitude of the change in affirmative action in admissions decisions (i.e., how these policy changes affected the relative likelihood of admission of minority and non-minority applicants). We find substantial declines in levels of affirmative action practiced by highly selective colleges nationwide, and particularly large and significant declines in the states affected by bans and the Hopwood and Johnson rulings. This decline in affirmative action in these states also affected the local availability of affirmative action to students who lived in adjacent states, particularly when the adjacent states lacked highly selective colleges.

1. Introduction

Affirmative action in college admissions has been under continuous challenge for 40

years (Holzer & Neumark, 2006). In the late 1990s, these resistance efforts made headway

leading to bans in affirmative action in public colleges in California, Florida, Texas, and

Washington (and court decisions had possible applicability to public colleges throughout

Alabama, Georgia, Louisiana, and Mississippi, and arguably private colleges in Texas). In 2003,

the Supreme Court’s decisions in the Grutter and Gratz cases clarified the legality of the use of

affirmative action in admissions, but also limited the mechanisms by which colleges could

advantage minority applicants in admissions decisions. This paper seeks to answer the following

questions: (1) How has the magnitude of the preference given to minority applicants (i.e.,

affirmative action) changed during this period in the states directly affected?, (2) How has

affirmative action changed nationally and in states other than CA-FL-TX-WA-AL-GA-LA-MS

in response to the requirements imposed by the Grutter and Gratz Supreme Court rulings as well

as changes in the political climate?, (3) How have these changes affected affirmative action

offered by colleges nearby the student, including at colleges adjacent to states that were directly

limited?

We use nationally representative student data from 1992 and 2004 to estimate an

underrepresented minority (i.e., black, Hispanic, or Native American) student’s probability of

admission compared to an observably similar nonminority (i.e., white or Asian American)

2

student at the same postsecondary institution.1 We find substantial and significant preferences

given to minority students in 1992 in highly selective institutions and no significant differences

between the levels of affirmative action practiced by colleges in CA-FL-TX-WA-AL-GA-LA-

MS versus other states. By 2004, we find insignificant changes in affirmative action in other

states, but dramatic and significant declines in CA-FL-TX-WA-AL-GA-LA-MS (and significant

difference-in-differences). Using parameter estimates of students’ desire to enroll in nearby and

in-state institutions, we illustrate how changes in affirmative action affected the supply of

affirmative action at nearby selective institutions. We find substantial reductions in nearby

affirmative action in the directly affected states, which has notable spillovers for students living

in Arizona, Nevada, and Idaho (which completely lack highly selective intuitions).

In the next section, we present the history of changes in the policy environments in these

states and the Grutter and Gratz cases, and discuss the literature that estimates levels and

changes in affirmative action. In sections 3 and 4 we discuss our methodology to estimate

affirmative action at the individual, college, and county levels and discusses our data. Section 5

gives our results and Section 6 concludes with a discussion of implications for policymakers.

2. Affirmative Action Policy Environment and Literature

2.1 Changes in the policy environment

The affirmative action policy environment that has emerged in the past seventeen years is

defined by a complex web of voter initiatives, judicial rulings, and gubernatorial executive

orders which limit the use of affirmative action at public and private colleges. The

constitutionality of affirmative action was precariously settled by Justice Powell’s deciding

opinion in the 1978 Regents of the University of California v. Bakke case. The Powell decision

allowed for affirmative action to be used only to promote diversity (unless the college had a

specific history of racial discrimination that was remedied by affirmative action) and only if race

was one factor considered among many others (i.e., quotas could not be used). However, only

parts of Justice Powell’s decision were concurred with by two blocks of four other justices.

1 We will use the word “minority” as short-hand for “underrepresented minority.” Prior research finds insignificant differences in the treatment of white and Asian applicants, and between black and Hispanic applicants, both nationally (Long, 2004) and at specific institutions in Texas prior to the Hopwood ruling (Long and Tienda, 2008).

3

Thus, without a single decision receiving full backing by a majority of the justices, the Bakke

decision was clearly challengeable.

2.1a Texas

The 1996 Hopwood v. Texas ruling by the Fifth Circuit Court of Appeals did not consider

the Powell decision in Bakke to be binding and found that diversity did not serve a compelling

government interest as necessary to meet the constitutional requirements established by other

Supreme Court decisions. The Hopwood decision was interpreted by Texas Attorney General

Morales to ban affirmative action in public colleges and private colleges (that accept federal

funding) in Texas.2 The Texas legislature responded to the elimination of affirmative action by

enacting a law that guaranteed Texas high school students in the top 10% of their graduating

class admission to any Texas public university. This policy mechanism, commonly known as a

“top-x%” program (Long, 2004) is predicated on the notion that given de facto racial segregation

in a state’s high schools, the composition of top-x% graduates will contain many minority

students, and thus may lead to an increase in college attendance of minority students. In addition

to the top 10% program which was put into place after the Hopwood ruling, universities such as

the University of Texas-Austin and Texas A&M University also created scholarship programs

specifically geared at “high-poverty inner-city high schools with weak college-going traditions”

(Domina, 2007, 202). After the Grutter ruling, UT-Austin announced that they restarted using

affirmative action in 2005 (Faulkner, 2005), while Texas A&M opted not to do so (Winter,

2004). UT-Austin’s decision has prompted a court challenge, Fisher v. the University of Texas

at Austin, which will be heard on appeal by the U.S. Supreme Court this year. The key in this

case is whether the top-10% plan and other efforts have sufficiently increased diversity such that

direct use of the applicant’s race is unnecessary.

2.1b California

The California electorate ended affirmative action at public institutions with the passage

of Proposition 209 in 1996. This statewide elimination of affirmative action was preceded by the

elimination of affirmative action at the University of California in July, 1995, by a vote of the

University of California Regents known as SP-1. A number of statewide and institutional policy

responses emerged in response to California’s affirmative action ban. The University of

2 There were no subsequent challenges that would have tested Morales interpretation, and the Supreme Court did not hear an appeal of the Hopwood case, furthering confusion about what was and was not permissible.

4

California introduced a top four-percent program and implemented a dual admission/guaranteed

transfer agreement policy with junior colleges; University of California campuses and most

California State University campuses also increased outreach to minority students after the

passage of Proposition 209 (Laird, 2005). In October, 2011, Governor Brown vetoed a bill

which would have allowed public colleges to consider race in admissions decisions citing

concerns that it would potentially violate Proposition 209 and lead to costly legal battles

(Azevedo & Vincent, 2011).

2.1c Washington

In 1998 Washington State voters passed Initiative 200 (I-200) which banned affirmative

action at public colleges and universities. The language Washington voters approved was nearly

identical to California’s Proposition 209 (Moses & Yun, 2009). This similarity is attributed in

large part to the involvement in both initiative processes of Ward Connerly, former regent of the

University of California and outspoken critic of affirmative action in college admissions (Laird,

2005). Public universities in Washington, like in other states which banned affirmative action,

responded to I-200’s passage with increased outreach to minority communities (Blume, 2010).

Unlike California, Texas, and Florida, however, public universities in Washington did not

implement any sort of top x% program after the elimination of affirmative action. Although a

1997 challenge to affirmative action at the University of Washington eventually reached the U.S.

Supreme Court, Smith v. University of Washington Law School was rendered moot by the

Grutter and Gratz rulings and returned to the 9th Circuit Court of Appeals.

2.1d Florida

In November, 1999, Florida governor Jeb Bush signed Executive Order 99-281 to

eliminate affirmative action in government employment, state contracting, and higher education

admissions (Bush, 1999). Known as the “One Florida” initiative, this executive order directed the

state’s higher education Board of Regents to “implement a policy prohibiting the use of racial or

gender set-asides, preferences or quotas in admission to all Florida institutions of Higher

Education, effectively immediately” (Bush, 1999, 2). With affirmative action eliminated the

Board of Regents in Florida amended their existing admissions policy to add the “Talented 20

Program” which guaranteed public high school students graduating in the top 20% of their class

admission to the Florida state university system (Horn & Flores, 2003). Similar to the California

5

top x% plan implemented after the passage of Proposition 209, Florida’s top x% plan guaranteed

admission to the state’s university system, not a specific campus.

2.1e Other States

The affirmative action policy environment has evolved due to court and voter challenges

in states beyond California, Florida, Texas, and Washington. In 2001, the University of Georgia

discontinued the use race as an admissions factor after the Eleventh Circuit Court of Appeals

ruled against the use of affirmative action in Johnson v. Board of Regents of the University of

Georgia. It is unclear the extent to which universities in the Eleventh Circuit’s jurisdiction,

which includes Alabama, Florida, and Georgia, felt bound by the Johnson ruling, although it is

reasonable to believe that they may have concluded that affirmative action practices were on

shaky constitutional grounds and may have perceived the Johnson ruling as reflecting declining

political and social support for affirmative action practices. Although the 2003 Grutter ruling

superseded the Johnson ruling and would have allowed a return to race-based affirmative action,

the University of Georgia continued to not use race as a factor in admissions decisions post-

Grutter (Lyn, 2008).3

Louisiana and Mississippi are located in the 5th Circuit Court of Appeals jurisdiction, and

thus were subject to the Hopwood ruling during the years 1997-2003. However, some ambiguity

exists as federal consent decrees required colleges in these states to address racial segregation

(Grodsky & Kalogrides, 2008, 29). Again, colleges in these states may have nonetheless

perceived the Hopwood ruling to suggest declining political and judicial interest in minority

representation. Since we find no evidence to the contrary, like others (e.g. Bowen & Rudenstine,

2003; Schmidt, 2004) we consider Louisiana and Mississippi post-affirmative action states

because of the Hopwood decision and Alabama and Georgia to be post-affirmative action states

due to the Johnson ruling (Hebel, 2000; Hebel, 2001). We test for changes in affirmative action

in CA-FL-TX-WA versus other states (including and excluding AL-GA-LA-MS) and CA-FL-

TX-WA-AL-GA-LA-MS versus other states.

3 Our model predicts a very small amount of affirmative action at the University of Georgia given its level of selectivity (MSATACT (defined below) = 1,032 in 2004). We estimate larger magnitudes of affirmative action for more selective institutions in Georgia (e.g., Emory University and Georgia Tech), and thus there was potentially larger impact at these institutions if they felt bound by the Johnson ruling. While the 11th Circuit Court of Appeals includes Alabama it was unclear to what extent Alabama was bound by the Johnson ruling given existing federal desegregation order at the University of Alabama (CNN, 2001). As of 2007, Alabama, Louisiana, Mississippi, and Tennessee remained under statewide higher education desegregation orders (United States Commission on Civil Rights, 2007, p. 20).

6

Voter referenda in Michigan (2006), Nebraska (2008), and Arizona (2010) produced

statewide bans in affirmative action, while a similar referendum failed in Colorado in 2008. A

three-judge panel of the 6th Circuit Court of Appeals ruled in 2011 that “Michigan voters did not

have the right in 2006 to ban public colleges and universities from considering race and ethnicity

in admissions” (Jaschik, 2011). This ruling was subsequently thrown out but is currently being

reconsidered by the full 6th Circuit Court (Associated Press, 2012). Finally, the state legislature

in New Hampshire banned affirmative action for public colleges in the state in 2011. These

policy changes took place in years after the time of our data, and thus are not evaluated.

2.1f Grutter and Gratz

The admissions systems at the University of Michigan for the law school and for

undergraduates were challenged in the Grutter v. Bollinger and Gratz v. Bollinger cases. In

rejecting the undergraduate admissions system in Gratz but upholding the law school’s

admission system Grutter in 2003, the Supreme Court struck down the use of assigning points in

the admissions process based on an applicant’s race but validated the use of race as one factor

among many in an admissions decision so long as it is part of a holistic review of an applicant

and so long as race does not have a uniform impact (as would follow from a point system).

Moreover, the Grutter ruling held that for the use of an applicant’s race to be permissible, the

college would need to exhaust other non-race-based methods to increase diversity (which is at

the heart of the current Fisher v. Texas case). These rulings, particularly the need for holistic

review, have made it more costly for universities to practice affirmative action. Further, these

rulings apply to both private and public colleges. In this context, we might expect to see declines

in the aggregate magnitude of affirmative action being practiced by colleges. Our expectation is

then to see declines nationwide in the period we study (1992 to 2004), but particular declines in

states that are bound by voter referenda in 2004 (CA and WA) or administrative decision (FL),

and states affected by the Hopwood and Johnson rulings (TX, AL, GA, LA, and MS), as their

universities had not had sufficient time to adjust to the Grutter ruling.

2.1g Assessing the “post-affirmative action” policy environment

Each state in which affirmative action was unambiguously banned for all public colleges

(CA-FL-TX-WA) put into place an alternative policy or collection of policies with an explicit or

implicit goal to increase minority student enrollments in the absence of formal race-based

affirmative action policies. For example, California, Texas, and Florida implemented some

7

version of a top x% plan upon eliminating affirmative action. These states’ top x% plans,

however, vary widely in terms of their complexity (Horn & Stella, 2003) and their effectiveness

at maintaining or increasing levels of minority enrollment in a post-affirmative action

environment (Long, 2007). At the institutional level, universities in post-affirmative action states also

implemented varying degrees of class-based affirmative action. Laird (2005) notes that “in states where

affirmative action has been abruptly ended, the first alternative to the consideration of race and ethnicity

in university admissions has almost always been socioeconomic affirmative action” (142). The ability of

class-based affirmative action policies to proportionately increase minority admission rates however, is

dubious: Cancian (1998) uses data from the National Longitudinal Survey of Youth (NLSY) to simulate

class-based affirmative action and finds “class-based programs would not achieve the same results as

[affirmative action policies] targeting racial and ethnic minority youths” (104). Universities may take

other measures to boost the admissions prospects of minority applicants. Long and Tienda

(2008) present evidence that while UT-Austin and Texas A&M eliminated a direct preference for

minorities in their admissions decisions, they simultaneously changed the weights placed on

various applicant characteristics that advantaged minority applicants – i.e., that they found

proxies for applicant’s race. Our estimation method (discussed below) will focus on assessing

changes in the direct preferences given to minority applicants (holding constant other observable

applicant characteristics). However, in the conclusion, we discuss results that show that there is

little evidence that changes in other practices (including the top-x% plans and changes in weights

placed on applicant characteristics that are correlated with race) had substantial effects on

admissions prospects across the states affected by affirmative action bans.

In the same way that the Bakke ruling made the use of quotas illegal in college

admissions (Antietam, 2008), the Gratz ruling determined the practice of assigning “points” for a

minority student’s race was “not narrowly tailored to achieve the interest in educational diversity

that the defendants claim justifies their program” (Gratz v. Bollinger, p. 22). While it is

impossible to determine prior to the Gratz ruling how many colleges and universities assigned

“points” in the admissions process based on a minority student’s race, we assume that many of

the colleges and universities using a point system for race prior to the Gratz ruling shifted

admissions processes to a “holistic” admissions process permissible under the Grutter ruling.

Holistic admissions policies lack formal scoring of applicant characteristics, academic and

otherwise, which leave race as only one applicant factor considered alongside a host of other

applicant characteristics (Sternberg, 2010). Therefore, it is logical to infer the effect we measure

8

in this paper may be a reflection of this change in processes as a result of the Gratz and Grutter

rulings.

In terms of policy processes, Washington and California banned affirmative action by

popular vote; both are western states with strong traditions in the voter initiative process.

Affirmative action bans in Florida and Texas, conversely, were implemented through

administrative and judicial processes. Additionally, the political atmosphere of the post-

affirmative action states spans the political spectrum. Washington and California lean

Democratic, Texas is a Republican stronghold, and Florida trends Republican though often

swinging between parties for presidential elections (Federal Election Commission, 2000, 2004,

2008). In short, though Washington, California, Texas, and Florida share the distinction of being

post-affirmative action states, their characteristics make them as a group relatively

heterogeneous.

Private colleges in states where public colleges are bound may also reduce their

affirmative action for three reasons. First, they may fear that the local political environment may

be hostile to affirmative action and thus may fear a costly lawsuit. Second, administrators may

feel less need to overcome the legacy of discrimination or to achieve diversity given the local

political environment. Third, private colleges in these states may find it easier to compete for the

top minority applicants as those applicants may have fewer offers of admission. If so, these

private colleges could offer fewer admissions to minority applicants while yielding the same

level of diversity.

2.2 Prior literature on college affirmative action

This paper’s approach closely follows the methodology of Long’s (2010) analysis of

temporal and regional changes in affirmative action between 1972 and 1992. Long empirically

demonstrated that different regions of the United States have distinct historical patterns in their

use of affirmative action, and found higher levels of affirmative action in the Northeast and

Midwest in 1972 with affirmative action increasing in the South and West and declining in the

Northeast and Midwest by 1992. Diverging from Long’s 2010 format, however, we leverage the

United States’ evolving policy terrain by constructing two regions in our model based on states’

policy environment instead of geography. In essence, the changing landscape of affirmative

action policy in the United States since 1995 presents a natural experiment through which we can

investigate the effects of affirmative action bans on institutional admissions processes relative to

9

the colleges and universities in states which continue to allow affirmative action in college

admissions.

Our paper contributes three new perspectives to the existing body of research on the post-

affirmative action policy environment. First, while studies have examined the enrollment of

underrepresented minorities in post-affirmative action state using institution-level IPEDS4 data

(e.g. Hinrichs, 2010; Moses & Yun, 2009) or IEPDS data combined with survey data (Grodsky

& Kalogrides, 2008), no analysis to our knowledge has examined the applicant-level effects of

affirmative action bans in the way that we do. Second, as Long (2010) notes, “there is little

historical evidence” that allows researchers to examine how affirmative action policy has varied

across institutions, regions, and time (p. 1). We address this gap in the literature by contributing

research that compares the post-affirmative action policy environment of 1992 to 2004. The

third contribution we make relates to considering a set of U.S. colleges and universities with a

broad range of selectivity as measured by students’ median SAT scores. While a robust body of

literature has examined the effects of eliminating affirmative action at flagship universities and

elite institutions (e.g. Bowen & Bok, 1998; Espenshade, Chung, and Walling, 2005; Espenshade

& Chung, 2005; Espenshade, Hale, and Chung, 2005, Grodsky & Kurlaender, 2006) our analysis

of institutions which are at least moderately selective accounts for a much broader range of

institution types. Our analysis is thus closer in spirit to Kane (1998), Light and Strayer (2002),

Long (2004), Arcidiacono (2005), and Howell (2010), which each use data on a nationally

representative sample of youth. Long (2004) finds that affirmative action was significant in

1992 for institutions whose median freshman scored 967 or above on the SAT which constituted

the top “39% of 4-year colleges, which are attended by around 45% of college enrollees” (p.

1,026). Kane (1998) similarly found that significant preferences were used by colleges in the

top-two quintiles of the SAT distribution in the early 1980s, and that this advantage given to

minority students was only substantial in top-quintile colleges. As a result, we will focus on

colleges whose median freshman SAT score was at or above 1,000.

The topic of affirmative action in higher education has inspired a burgeoning body of

literature since the 1990s. Research has examined the effects of affirmative action bans and the

top-10 percent plan in Texas (e.g., Cullen, Long, and Reback, 2011; Dickson, 2006; Harris and

Tienda, 2010; Kain & O’Brien, 2003; Long, Saenz, & Tienda, 2010; Long & Tienda, 2008,

4 Integrated Postsecondary Education Data System collected by the U.S. Department of Education.

10

2010; Tienda & Nui, 2006a, 2006b; Tienda & Sullivan, 2009), California (Contreras, 2005;

Grodsky, & Kurlaender, 2010; Karabel, 1999), Texas and California (Caldwell, 2010; Card &

Krueger, 2005; Long, 2004), Texas and Florida (Perna, Li, Walsh, & Raible, 2010). Less

attention appears to be paid to Washington (e.g. Brown & Hirschman, 2006) and Florida (e.g.

Marin & Lee, 2003). Research has also examined patterns of admission and enrollment across

multiple post-affirmative action states (Long, 2007; Hinrichs, 2010).

Findings in recent years have illustrated the impact of the post-affirmative action policy

environment on the applications, admission, and enrollment of minority students. For example,

Hinrichs (forthcoming) examines the effects of affirmative action bans in the context of

institutional enrollment. Using IPEDS data, Hinrichs regresses minority enrollment percentages

on a dummy variable of whether a state banned affirmative action while controlling for a host of

other factors, and finds that on average affirmative action bans decrease African American and

Hispanic enrollment at public universities by roughly 1.7 percentage points and 2.0 percentage

points, respectively (p. 13). In an analysis of flagship universities in post-affirmative action

states, Long (2007) finds that “the effects of affirmative action were clearly demonstrated by the

declines in minority enrollment in flagship public universities in California, Texas, and

Washington after statewide bans on these preferences” (p. 326). In a broader context, Grodsky

and Kalogrides (2008) find that the “predicted probability of claiming to engage in affirmative

action increases for public and private institutions…through the 1990s and declines thereafter”

with a “particularly pronounced” decline at public institutions around 1998 (p. 17). What this

literature lacks is a specific estimation of the magnitude of the change in the direct preferences

given to minority application by institutions in their admissions decisions.

3. Methods

We construct three measure of affirmative action, at the applicant, college, and county

levels. First, using national data on college applicants (discussed in the next section), we

construct a measure of affirmative action using the change in the likelihood of admissions if the

applicant is an underrepresented minority. Second, we construct a measure of affirmative action

for each 4-year college in the continental U.S. using the results from the applicant data. Third,

for a hypothetical student living at the centroid of each county, we construct a measure of

affirmative action available at nearby institutions.

11

3.1 Computing the size of preferences given to minority applicants at the individual level

We start with a dataset of applications which contains rich observable student

characteristics, the name of the college that the student applied to (which is then linked to data on

the institution’s median freshman SAT and ACT scores (“MSATACT”, explained below)), and

the admissions decision of the college. We loop through this dataset selecting applicant i’s

record. We keep all other applications that were submitted to colleges of similar selectivity (and

in some specifications the same “region” of the country).5 Our goal is to identify the effect race

had on applicant i’s admissions decision. To identify this effect, ideally we would want to

estimate the counterfactual admissions decision by taking the average of the admissions

decisions of students of the opposite race who were otherwise identical to applicant i in every

way that is observable to the college. Since there are very few students who apply to a specific

college with identical observable characteristics (even if we had available to us information on

every college applicant), we take the next best approach which is to match students who have the

same baseline probability of being admitted based on institution and student characteristics aside

from race (which we loosely term “student quality”). We estimate the following probit equation

(1) and use the results to construct the following index of student quality (2):

(1) Prob(Admiti=1) = ,

where Admiti is an indicator that equals one if the applicant was admitted, is an indicator for

underrepresented minority, and is a vector of observable student characteristics aside from

race and characteristics of the institution at which the student applied.6

(2) StudentQualityi = ,

where , , and are the estimated parameters from Equation 1, and is the mean value of

for applicants included in the probit regression.

5 Ideally, we would prefer to only select applicants to the same college and estimate affirmative action for that specific college. There are no national datasets with a wide range of institutions that have sufficient numbers of applications to each institution allow for good estimates to be derived. For analysis that have focused on complete data from specific institutions, see Bowen & Bok, 1998; Espenshade, Chung, and Walling, 2005; Espsenshade & Chung, 2005; Espenshade, Hale, and Chung, 2005; and Long & Tienda. 2008). Rather, we focus on applications sent to colleges whose MSATACT was within +/- 50 points of applicant i’s college. To provide sufficient numbers of minority and non-minority applicants for the analysis where the data is thin, we widen the window width until we capture at least 100 applicants of which at least 10 are minorities and 10 are non-minorities. This widening of the window width occurs at the extremes of the selectively distribution. 6 We weight the applications in this regression to give equal weight to applications to institutions that are above and below the MSATACT of applicant i's college.

12

We then identify students with similar levels of student quality (in the nation or in the

same region) to applicant i, who applied to colleges of similar selectivity (in the nation or in the

same region), but who are in the opposite racial group. We then estimate the amount of

affirmative action present in applicant i’s admission decision as the following:

(3) AAi = Admiti – Admit≠i, if applicant i is a minority, or

(4) AAi = Admit≠i Admiti, if applicant i is a non-minority,

where Admit≠i is computed using only applicants similar to applicant i. An applicant is deemed

similar to applicant i if his/her StudentQuality is within ± 0.025 of applicant i's StudentQuality.

If there are no students within this range, we identify applicant i's nearest neighbor and use that

student’s admissions decision as applicant i’s counterfactual.7,8,9

3.2 Computing the size of preferences given to minority applicants at the college level

Our next goal is to compute levels of affirmative action at each 4-year college in the

nation. If we had sufficient numbers of applications at each college, we could take the estimates

from section 3.1 and compute an average based solely on applicants to college j. However, no

national datasets offer sufficient data to produce such estimates. Instead, we construct an

estimate for each 4-year college based on the level of affirmative action estimated for applicants

to colleges of similar selectivity (and within the same region) to college j. We loop through a

dataset of 4-year colleges, select those colleges whose MSATACT is within 50 points of college

j, and compute the average level of affirmative action given to applicants who applied to these

institutions (taken from our estimates in section 3.1).10 Thus, affirmative action at college j is

given by the following:

7 For the data we subsequently discuss, we use the nearest neighbors for 80, 130, and 140 of the 8,010 applications in 1992 when we produce estimates for the Continental U.S., CA-FL-TX-WA versus other states, and CA-FL-TX-WA-AL-GA-LA-MS versus other states, respectively. For 2004, we use nearest neighbors in 90, 200, and 160 of the 10,740 applications. Sample sizes of applications are rounded to the nearest 10 due to requirements of the U.S. Department of Education for using restricted-access data. 8 We do not find any evidence to support the hypothesis that within these narrow ranges of StudentQuality that minority applicants have significantly lower values of StudentQuality than their non-minority matched counterparts. 9 An alternative method to identify levels of affirmative action would be to evaluate the marginal effect of Mi on Prob(Admiti=1) using the estimated coefficients from Equation 1 (e.g., Kane (1998) and Long (2004)). We believe that the method used in this paper is better because it does not rely on comparisons of individuals with low- and high-probabilities of admission (which is called the “Common Support” problem in the propensity score matching literature – see Black and Smith (2004) for a nice discussion). The approach taken in this paper was first used by Long (2010). This method is flexible in identifying changing levels of affirmative action as we move up the selectivity continuum. 10 We produce a weighted mean such that we give equal weight to applications to institutions that are above and below the MSATACT of college j.

13

(5) AAj = AAi, for all applications to colleges similar to j.

To produce standard errors on the mean levels of affirmative action at the college level,

we produce estimates of affirmative action at the individual level for 100 bootstrapped samples

of student applications, compute AAj for each institution, compute the mean of AAj for relevant

groups of institutions, and take the standard error of the resulting 100 estimates. For standard

errors of the change in mean levels of affirmative action between 1992 and 2004, regional

differences in 1992 and 2004, and the regional differences in the change in mean levels of

affirmative action between 1992 and 2004 (i.e., the difference-in-difference estimate), we

compute the changes / regional differences / difference-in-differences based on the results from

each of our 100 bootstrapped samples, and take the standard errors of these changes / regional

differences / difference-in-differences across the 100 samples.

3.3 Computing the size of preferences given to minority applicants at nearby colleges

Third, we construct a measure of affirmative action at “nearby” colleges for student

living at the centroid of a county. We produce a weighted average of each college’s level of

affirmative action, with more weight given to colleges that are closer to the student and in the

same state as the student, and to colleges with greater enrollment. To construct the parameters

for this weighting, we estimate the following gravity equation using students’ enrollment

decisions11:

(6) Thj = κHhαEj

βexp(γ1Dhj+γ2Ihj),

where Thj is the number of students at high school h that enroll in college j, Hh is the number of

students at high school h who enroll in any four-year college included in our datasets, Ej is the

enrollment of college j, Dhj is the distance between high school h and college j, Ihj is an indicator

variable that equals one if the high school is in the same state as the college, and κ, α, β, γ1, and

γ2 are the parameters to be estimated. The parameter γ1 gives the resistance of the enrollment

decision to the distance of the students from the college, and γ2 gives the preference students

have for enrolling in in-state colleges.

11 This model is adapted from Raphael (1998), who applied it to study spatial mismatch of workers and jobs in the San Francisco Bay Area. Since students’ enrollment decisions may be affected by colleges’ affirmative action practices, it could be the case that the resulting parameters that are meant to show students’ preference for attending nearby colleges are misestimated due to the endogeneity. It is assumed that this bias is small and does not substantially affect the estimates of nearby affirmative action.

14

The parameter estimates for Equation 5 are shown in Appendix Table 1. We find a

modest decrease in resistance to distance between 1992 and 2004 and a modest increase in the

preference for enrolling in in-state colleges.

To compute the average affirmative action of nearby universities, the following weight is

assigned to college j for students from county c:

(7) Wcj = Ejexp( Dcj+ Icj)

To illustrate this weighting scheme, Figure 1 shows the weights for four fictional students

living in Reno, Davenport, Boston, and Austin, respectively. This figure shows the degree to

which college markets are localized. The figure for Austin shows the importance of UT-Austin,

which is the largest circle. The Reno figure shows the paucity of universities in the West, and

shows the importance of the University of Nevada at Reno, the University of Nevada at Las

Vegas, and the Pacific coast universities for such a student.

[INSERT FIGURE 1 HERE]

Using these weights, we compute the average degree of affirmative action of nearby

universities (AAc) given county c’s location and cohort using the following equation:

(8) AAc = ∑

where J is the total number of four-year colleges for the relevant cohort.

4. Data and empirical counterparts

Our data on college applicants comes from the National Education Longitudinal Study of

1988 (NELS) and the Education Longitudinal Survey of 2002 (ELS). NELS followed 8th graders

from 1988 until 2000 while ELS has followed 10th graders from 2002 to the present. We use

data through the fourth follow-up of NELS (2000) and the second follow-up of ELS (2006).

When the NELS and ELS students were seniors, they were asked are asked to list two colleges

that they would prefer to attend and whether they had been accepted by that college. Since many

students did not know the status of the admissions decision at the time of the senior survey, they

were re-asked in the follow-up interview two years later.12 We restrict the analysis to

applications to colleges in the continental U.S. where our measure of “nearby” colleges (given

12 NELS students were asked “What is the name and location of the institution you applied to (that was your first[second] choice)?.” ELS students were asked “Print below the names and locations of the two schools to which you have applied that you are most likely to attend.”

15

below) is more sensible.

We include the following variables derived from NELS/ELS in vector X in Equation 1:

high school grade point average; average of student’s SAT and ACT score (in SAT equivalent

points)13; class rank percentile; indicators for whether the student participated in athletics and

student government and whether the student was female; parent’s socio-economic percentile14;

high school quality index15; indicator for private high school; indicator for living in a

Metropolitan Statistical Area; MSATACT of the college; indicator for a private college; and the

enrollment of the college.16 Missing values for any of the X characteristics are imputed linearly

by the available non-missing X variables so that no applicant is dropped who has some missing

values.

The dataset of 4-year colleges is taken from the 1999 and 2005 editions of Barron’s

Profile of American Colleges, and restricted to those in the continental U.S. Using these data,

we compute for each institution the average of its freshmen’s median SAT test score (on reading

and math) and ACT test scores (converted into SAT-equivalent points) to produce our

constructed variable MSATACT. If these variables were unavailable, we impute MSATACT

using the percentages of students who fell in various SAT ranges (<500, 500-600, 600-700,

>700) and various ACT ranges (<21, 21-23, 24-26, 27-28, >28). If this range data were

unavailable, we imputed using the mean value of MSATACT for the college’s Barron’s

selectivity index. Since MSATACT rose between 1992 and 2004 (from a mean of 955 to 1,073),

and since we want to be able to compare similarly selective institutions to one another across

these cohorts, we have forced the distribution of MSATACT across colleges in 2004 to be

equivalent to the distribution of MSATACT across colleges in 1992 by replacing the 2004 value

with the corresponding 1992 value at the same percentile. For example, colleges with a

MSATACT of 1,163 in 2004 (which placed such a college at the 75th percentile of the 2004

distribution) would have their MSATACT replaced by 1,046, which corresponded to the 75th

percentile in 1992.

13 When missing, this variable is imputed using NELS/ELS administered exams in 8th, 10th, and 12th grades. 14 Derived by the U.S. Department of Education. 15 Derived by the authors using a principal component analysis and based on the following factors: pupil-teacher ratio, percent of prior graduates in a 2- or 4-year college, percent of students in dropout prevention program, percent of students enrolled in college preparation courses, attendance rate (NELS only), and district’s instructional and support expenditures per pupil (from Common Core of Data). 16 We base our construct of vector X on the most common applicant characteristics used to make admission decisions. See, for example, Camara and Kimmel (2005) and Zwick (2000).

16

5. Results

5.1 Variation in levels of affirmative action by college selectivity and cohort

Columns (1) and (2) of Table 1 show the number of applications and number of colleges

by selectivity. The bulk of applications go to colleges with MSATACT between 900 and 1,100.

Nonetheless, for both cohorts we have 1,700 applications going to the 150 institutions whose

MSATACT is at or above 1,100.17

[INSERT TABLE 1 HERE]

Columns (3) and (4) of Table 1 show the estimated affirmative action given to applicants

and to colleges by selectivity. Consistent with Kane (1998) and Long (2004), we find that

minority applicants were more likely to be admitted than observably similar white and Asian

applicants for colleges with MSATACT ≥ 1,000 and these preferences increase with selectivity

and are large above 1,100. However, the magnitude of the estimated affirmative action appears

to be sizably smaller in 2004 for institutions with MSATACT between 1,100 and 1,300.

For both cohorts, we find negative “affirmative action” for colleges with MSATACT

between 800 and 1,000. This negative “affirmative action” could reflect either actual

discrimination on the part of such institutions or could reflect unobserved advantages for non-

minority applicants (e.g., better admissions essays) which are not sufficiently controlled for by

the included observed variables. Interestingly, for the 2004 cohort we find somewhat higher

rates of acceptance for minority applicants applying to institutions with MSATACT between 700

and 800 relative to observably similar non-minority applicants to these institutions. In 2004,

77% of the enrollment in the 31 institutions whose MSATACT was between 700 and 800 was at

Historically Black Colleges and Universities (HBCUs) or Hispanic-Serving Institutions (HSIs).18

It is possible that the higher chance of admission for minority students at these institutions

reflects a true preference for such students (and would thus rightly be called “affirmative

action”). Yet, there is not sufficient sample size of applications to feasibly test for differences in

17 Further note that in 2004, 66% of the applications to colleges above 1,000 went to colleges between 1,000 and 1,100, and 63% of the applications to colleges above 1,100 went to colleges between 1,100 and 1,200. Thus, affirmative action given in these ranges can impact far more students than affirmative action supplied by the most elite institutions. This fact is one strong reason for using NELS and ELS data that are nationally representative rather than data from the College and Beyond dataset that mostly comes from very elite institutions. The College and Beyond institutions also are limited in geographic distribution, and are mostly in the East. 18 These institutions are listed at www2.ed.gov/about/inits/list/whhbcu/hbcu-report-2007.pdf and www2.ed.gov/about/offices/list/ocr/edlite-minorityinst-list-hisp-tab.html, retrieved on October 5, 2011.

17

the advantages given to minority applicants at these HBCUs and HSIs relative to the other

institutions in this selectivity range. For the rest of this paper, we ignore institutions with

MSATACT less than 1,000 and focus on colleges where “affirmative action” appears to be

occurring.

5.2 Significance of changes in affirmative action over time and regional differences

As shown in column (3) of Table 2, colleges whose MSATACT was above 1,000 (above

1,100) were 5.6 (13.1) percentage points more likely to accept a minority applicant than an

observably similar non-minority applicant in 1992. As shown in column (6), these preferences

fell in 2004 to 3.5 and 7.8 percentage points respectively – although these changes were not

significant, as shown in columns (9)-(11).19

[INSERT TABLE 2 HERE]

Looking at row (C) in both the top and bottom panels of Table 2, we see modestly rising

levels of affirmative action practiced by colleges outside of the states that were affected by

affirmative action bans or the Hopwood or Johnson rulings, although these increases were not

statistically significant. Thus, there is no evidence that the Grutter ruling requiring holistic

review adversely affected levels of affirmative action practiced in the year after the ruling. In

contrast, as shown in row (E) in the top panel of Table 2, in both the top and bottom panels of

Table 2 we find substantial declines in levels of affirmative action in the post-affirmative action

states. At colleges with MSATACT above 1,000, the decline is large (4.9 percentage points) but

not statistically significant, while at colleges with MSATACT above 1,100, the decline in

affirmative action is dramatic. At such institutions in the post-affirmative action states, the

preference given to minority applicants fell from positive 8.6 percentage points (p-value = 0.110)

to negative 11.8 percentage points (p-value = 0.128). While the negative figure is not quite

significant, and thus there is no concrete evidence of discrimination against minority applicants

in the post affirmative action era, the change between the cohorts (8.6 - -11.8 = 20.4 percentage

points) is significant.

Rows (F), (G), and (H) in the bottom and top panels of Table 2 assess whether the post-

affirmative action states differed from the rest of the nation. In 1992, none of the differences are

significant. Yet, in 2004, the differences are quite large and significant. Columns (9)-(11) for

19 The change in preferences for colleges whose MSATACT was above 1,100 was close to statistically significant (p-value = 0.112).

18

Rows (F)-(H) show the difference-in-difference results. When we focus on colleges with

MSATACT above 1,100, we find a significant difference-in-difference estimate of 21.9

percentage points when comparing CA-FL-TX-WA-AL-GA-LA-MS versus other states in the

continental U.S.20

Note that 81% of the enrollment in the 22 institutions in the post-affirmative action states

with MSATACT ≥ 1,100 in 2004 come from the following seven institutions: University of

Florida, UCLA, UC-Berkeley, USC, Georgia Tech, Stanford, and UT-Dallas. Three public

institutions in these states (UF, UCLA, and UC-Berkeley) were still bound in 2004 to not grant

preferential admission to minorities, while USC and Stanford were not bound by Prop. 209.

While Georgia Tech and UT-Dallas were no longer bound by the Johnson and Hopwood rulings,

they nonetheless may have been unwilling to respond quickly to the change brought about by the

Grutter ruling.

5.3 Variation in levels of affirmative action at “nearby” colleges

We now turn to evaluate how this change in levels of affirmative action affected the

availability of affirmative action at nearby colleges. Table 3 presents the county-level estimates

of nearby affirmative action, weighted by the county’s population.

[INSERT TABLE 3 HERE]

Using data for the continental U.S., we find that the level of affirmative action in nearby

colleges fell from 4.6 to 3.8 percentage points at colleges with MSATACT ≥ 1,000, and from

11.0 to 5.5 percentage points at colleges with MSATACT ≥ 1,100. The variance in nearby

affirmative action across counties substantially increased.

In the second panel, we focus on the post-affirmative action states. Here we see stronger

changes in the availability of affirmative action in nearby colleges, falling from 5.2 to 0.7

percentage points at colleges with MSATACT ≥ 1,000, and from 9.5 to -6.1 percentage points at

colleges with MSATACT ≥ 1,100. There is substantial variation in nearby affirmative action in

counties in these states in 2004, with a range of -15.3 to +8.9 percentage points for the more

selective colleges. The positive values reflect the fact that Alabama and Mississippi lack

colleges with MSATACT ≥ 1,100 while some counties in the other post-affirmative action states

are relatively distant from the selective colleges in their states, and thus are more subject to the

20 For colleges with MSATACT above 1,000, the difference-in-difference estimate (-6.3%) is nearly significant (p-value = 0.133).

19

national marketplace, where affirmative action was unabated.

The third panel of Table 3 shows the changes in affirmative action in other states. Here

we find that the mean level of nearby affirmative action was nearly unchanged in these states,

but the variance increased. Moreover, the level of affirmative action at nearby colleges is

negative for some counties in 2004, as some counties are strongly affected by changes in nearby

post-affirmative action states.

Figure 2 shows the level of affirmative action available at nearby colleges for a

hypothetical student living at the centroid of each county. Columns 1 and 2 show the results for

colleges with MSATACT ≥1,000 and ≥1,100 respectively, while Rows 1 and 2 show the years

1992 and 2004, respectively. The color bands are divided equally by units of 3 percentage points

with blue reflecting negative “affirmative action”, yellow reflecting low positive levels of

affirmative action, and red reflecting the highest levels of affirmative action. For Row 1, since

there was less substantial regional variation in levels of affirmative action in 1992, variation

across counties is mostly generated by the geographical distribution of colleges’ MSATACT

levels (i.e., counties that are proximate to more selective colleges will have higher estimated

nearby affirmative action). In contrast, for Row 2 (2004), much of the variation is driven by the

elimination of affirmative action in CA-FL-TX-WA-AL-GA-LA-MS. Note that for many

counties the estimate of affirmative action is negative – and particularly large in California.

Since the negative levels of affirmative action were not found to be significant in Table 2, the

color bands here should be taken as illustrative of the changes in nearby affirmative action, but

not as revealing definitive evidence of discrimination.

[INSERT FIGURE 2 HERE]

States that are adjacent to those that eliminated affirmative action and who do not have

their own highly selective colleges are strongly affected by the bans in these neighboring states.

For example, from Row 2 and Column 2 of Figure 2, counties throughout Nevada and Arizona

are estimated to face negative levels of nearby affirmative action. This result occurs because

these states have no colleges with MSATACT ≥ 1,100, and thus students from these states who

are looking to attend such colleges are likely to seek out the highly selective colleges in

California were affirmative action is estimated to be negative. In contrast, Oregon counties show

positive levels of affirmative action throughout the state, despite being wedged between

Washington and California. As Oregon has several colleges with MSATACT ≥ 1,100 (Reed

20

College, Lewis and Clark College, U. of Portland, and Willamette U.), and since these colleges

are estimated to still give positive preference to minority applicants, and given the preference of

students to remain in the state of their high school residence, students living in Oregon counties

are estimated to face positive levels of affirmative action. Idaho is similar to Nevada and

Arizona in lacking a college with MSATACT ≥ 1,100, but is less “blue” than these states since

(1) it is influenced by the positive affirmative action in Oregon, (2) it is further from California,

and (3) the enrollment in selective colleges is smaller in the adjacent Washington (4,193 students

in Whitman College and U. of Puget Sound) than the enrollment in the selective colleges in

California (76,152 students). Thus, students in Idaho looking for a selective college are more

influenced by colleges throughout the nation than similar students in Nevada and Arizona who

are influenced more by selective colleges in California. Finally, counties in Mississippi and

Alabama are found to have positive levels of nearby affirmative action at colleges with

MSATACT ≥ 1,100 in 2004 despite the fact that colleges in these states were arguably subject to

the Hopwood and Johnson rulings, respectively. This result occurs because these states lack

colleges with MSATACT ≥ 1,100. Students in these states who seek to attend such selective

colleges will be more searching in a more national market.

6. Conclusions

We find that affirmative action declined significantly and substantially between 1992 and

2004 in states where affirmative action was prohibited during this period by referenda, judicial

rulings, or administrative decisions (i.e., California, Florida, Texas, Washington, Alabama,

Georgia, Louisiana, and Mississippi). In contrast, levels of affirmative action were unchanged

throughout the rest of the Continental U.S., suggesting that the requirements imposed by the

2003 Grutter ruling had little immediate effect on universities’ abilities to continue to provide

preferential admission to minority applicants. We illustrate that these declines in affirmative

action had effects on the availability of affirmative action in states that are nearby but that lack

highly selective colleges, notably Arizona, Idaho, and Nevada.

Note that our analysis specifically addresses the extent to which universities changed the

weight placed directly on the applicant being a minority, controlling for students’ other

observable characteristics. Chan and Eyster (2003) theoretically predicted that universities

would change the weights placed on other observable applicant characteristics (e.g., lowering the

21

weight placed on SAT and ACT test scores), and thus indirectly advantaged minority applicants.

Such a policy response was found to be empirically occurring at UT-Austin and Texas A&M by

Long and Tienda (2008). Long and Tienda found that the reweighting of applicant

characteristics by UT-Austin led to a 33% rebound in the number of minorities who were

admitted (relative to the loss brought on by the elimination of direct affirmative action), and that

the combination of the reweighting of applicant characteristics and the Top-10% plan led to a

61% rebound, while a smaller effect was found at Texas A&M. If such reweighting of

observable applicant characteristics is occurring broadly throughout these seven states, then the

adverse change in minority admissions as estimated in this paper may overstate the changes in

minority students admissions prospects. However, in results not shown (but available on

request), we test this conjecture by holding the admissions parameters in Equation 2 equal to

their 1992 values and re-computing affirmative action in 2004 at the applicant and college level.

From this exercise, we find no systematic evidence that suggests that colleges indirectly

advantaged minority applicants by changing the weights on applicant characteristics using our

national data.

Finally, this paper has not evaluated the effects of other efforts by colleges to boost

minority students’ rates of application to selective colleges and minority students’ enrollment

rates conditional on admission. The vast increase in outreach and scholarship programs (Long,

2007) holds the promise of increasing these responses. If they are effective, they could likewise

mitigate the negative effects of the decline in the direct weighting of students’ race. However, as

these recruitment efforts and scholarship programs mainly target in-state students, the adverse

effects on nearby students (e.g., in Arizona, Idaho, and Nevada) may be not be mitigated.

22

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(1) (2) (3) (4)

College's Median Freshman SAT/ACT

1992 (NELS)

2004 (ELS)

1992 (NELS)

2004 (ELS)

700 to 800 90 110 -4.7% 2.8%800 to 900 1,410 1,850 -3.6% -2.1%900 to 1000 2,710 3,790 -1.3% -1.4%1000 to 1100 2,100 3,290 1.4% 1.6%1100 to 1200 1,030 1,070 9.8% 4.3%1200 to 1300 610 570 24.7% 13.6%>=1300 70 70 24.1% 27.6%All 8,010 10,740 2.6% 1.0%

College's Median Freshman SAT/ACT

1992 (NELS)

2004 (ELS)

1992 (NELS)

2004 (ELS)

700 to 800 28 31 -7.5% 2.3%800 to 900 396 433 -3.9% -2.2%900 to 1000 466 516 -1.4% -1.3%1000 to 1100 235 283 2.3% 1.6%1100 to 1200 93 94 9.3% 4.5%1200 to 1300 46 49 23.2% 14.4%>=1300 7 8 22.6% 22.0%All 1,277 1,419 0.8% 0.5%

Note: means are weighted by the colleges' enrollments. Sample sizes of applications are rounded to the nearest 10 due to requirements of the U.S. Department of Education for using restricted-access data. Affirmative action for each application and for each university is computed using data from the entire U.S. (rather than within region).

Number of Applications

Estimated Affirmative Action

Table 1: Estimated Affirmative Action by College's Median Freshman SAT/ACT

Number of Colleges

Estimated Affirmative

Action*

Panel A: Affirmative Action for Each Application

Panel B: Affirmative Action for Each College

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Table 2: Significance of Changes in Affirmative Action at the College Level

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Mean S.E. of Mean

Sig. Mean S.E. of Mean

Sig. Mean S.E. of Mean

Sig.

Region and Differences(A) Continental U.S. 381 434 5.6% 1.3% *** 3.5% 1.3% *** -2.1% 1.9%(B) Continental U.S. excl. CA, FL, TX, WA 324 367 5.2% 1.5% *** 4.2% 1.3% *** -1.0% 2.0%(C) Continental U.S. excl. CA, FL, TX, WA, AL, GA, LA, MS 309 347 4.2% 1.6% *** 5.6% 1.4% *** 1.5% 2.1%(D) CA, FL, TX, WA 57 67 4.5% 2.5% * 3.6% 3.1% -0.9% 3.5%(E) CA, FL, TX, WA, AL, GA, LA, MS 72 87 5.3% 2.4% ** 0.4% 2.9% -4.9% 3.5%

(F) = (D) - (B) -0.7% 2.8% -0.6% 3.5% 0.1% 3.9%(G) = (D) - (C) 0.3% 2.7% -2.0% 3.6% -2.3% 4.6%(H) = (E) - (C) 1.1% 2.8% -5.2% 3.4% -6.3% 4.2% ⊕

(A) Continental U.S. 146 151 13.1% 1.9% *** 7.8% 2.8% *** -5.3% 3.3% ⊕(B) Continental U.S. excl. CA, FL, TX, WA 130 132 12.4% 2.1% *** 10.0% 3.1% *** -2.4% 3.9%(C) Continental U.S. excl. CA, FL, TX, WA, AL, GA, LA, MS 126 129 12.2% 2.0% *** 13.7% 3.0% *** 1.5% 3.8%(D) CA, FL, TX, WA 16 19 5.3% 5.5% -8.4% 7.3% -13.6% 8.4% ⊕(E) CA, FL, TX, WA, AL, GA, LA, MS 20 22 8.6% 5.4% ⊕ -11.8% 7.8% ⊕ -20.4% 8.9% **

(F) = (D) - (B) -7.1% 5.8% -18.3% 8.1% ** -11.2% 9.5%(G) = (D) - (C) -6.9% 5.7% -22.0% 8.6% ** -15.1% 9.8% ⊕(H) = (E) - (C) -3.6% 2.8% -25.5% 8.0% *** -21.9% 9.3% **

Notes: Means are weighted by the colleges' enrollments. Standard errors are computed via 100 bootstrapped samples. "***, "**, "*", and "⊕" indicate that the estimated level of affirmative action (or change, difference, or difference in difference) was significant at the 1%, 5%, 10%, or 15% levels using a two-tailed test, respectively. Affirmative action for each university is computed using data on similar universities within the U.S. for the "Full Nation" rows or within region for the "Post AA States" and "Remaining States" rows.

Colleges with MSATACT>=1,000

Colleges with MSATACT>=1,100

Number of Colleges Estimated Affirmative Action1992

(NELS)2004 (ELS)

1992 (NELS) 2004 (ELS) Pre / Post Change

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Table 3: Nearby Affirmative Action at the County Level

(1) (2) (3) (4)

1992 (NELS)

2004 (ELS)

1992 (NELS)

2004 (ELS)

Continental U.S. Counties Mean 4.6% 3.8% 11.0% 5.5%Minimum 1.2% -3.4% 3.9% -15.3%Maximum 8.1% 9.5% 18.0% 15.7%S.D. 1.4% 3.2% 2.4% 10.1%

Mean 5.2% 0.7% 9.5% -6.1%Minimum 4.0% -3.4% 7.0% -15.3%Maximum 6.7% 4.1% 12.1% 8.9%S.D. 0.8% 2.7% 1.8% 7.2%

Mean 4.3% 5.4% 11.8% 11.7%Minimum 1.2% -0.3% 3.9% -8.5%Maximum 8.1% 9.5% 18.0% 15.7%S.D. 1.6% 2.1% 2.3% 4.3%

At Colleges with MSATACT >=1,000

At Colleges with MSATACT >=1,100

Note: Based on 3,109 county-level estimates of affirmative action practiced by nearby colleges whose median freshman SAT/ACT score was at or above 1,000 (or 1,100 as noted by column headings). Affirmative action for each university is computed using data on similar universities within the same region (CA/FL/TX/WA/AL/GA/LA/MS or Other States). Means are weighted by the population of the county (based on 2000 U.S. Census).

CA, FL, TX, WA, AL, GA, LA, MS Counties

Counties in Other Continental States

29

30

Figure 2: Changes in Nearby Affirmative Action at the County Level

  Column 1: At Colleges with Median Freshman SAT ≥ 1,000

Column 2: At Colleges with Median Freshman SAT ≥ 1,100

Row 1: 1992

Row 2: 2004

Appendix p.1

Appendix Table 1Effect of Distance on the Number of Students from School h Enrolling in College j

NLS72 HSB NELS ELSMiles between h and j -0.00302 *** -0.00286 *** -0.00275 *** -0.00267 ***

(0.00011) (0.00010) (0.00009) (0.00008)h and j in Same State 3.08 *** 3.01 *** 2.78 *** 2.79 ***

(0.06) (0.05) (0.05) (0.04)Ln(College Enrolleesh ) 1.030 *** 0.943 *** 0.970 *** 0.950 ***

(0.036) (0.024) (0.022) (0.026)Ln(College Enrollmentj ) 0.853 *** 0.605 *** 0.743 *** 0.885 ***

(0.018) (0.015) (0.016) (0.015)Constant -13.8 *** -11.8 *** -12.7 *** -14.0 ***

(0.2) (0.2) (0.1) (0.2)

Number of Observations 1,154,030 1,298,510 1,662,810 1,021,680Psuedo-R2 0.354 0.331 0.320 0.332

Note: Negative binomial regression results. NLS72 and HSB results are taken from Long (2010) for graduating classes of 1972 and 1982 respectively. Sample sizes of applications are rounded to the nearest 10 due to requirements of the U.S. Department of Education for using restricted-access data.