Recommended Citation
Irene Rhodes,
Bridging Divides, Building Futures: Affirmative Action from a Global Perspective,
58 Case W. Res. J. Int'l L.
187
(2026)
Available at:
https://scholarlycommons.law.case.edu/jil/vol58/iss1/9
Abstract
Affirmative action in higher education has long been central to U.S. constitutional debate, but the Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA) ended race-conscious admissions. This Article uses a comparative framework to examine how Canada, the United Kingdom, Brazil, and India reconcile equality, diversity, and meritocracy. Common law systems emphasize incremental positive action, while Brazil and India employ quota-based statutory models. These contrasts reveal that effective diversity policies must align with constitutional traditions. For the United States, durable reforms should include race-neutral socioeconomic indices, statutory authorizations, and programmatic supports with built-in review mechanisms. By drawing on international lessons, this Article proposes a roadmap for constitutionally resilient, evidence-based reforms that can sustain diversity and equal opportunity in the post-SFFA era.