Abstract
This Article reexamines W.E.B. Du Bois’s theory of the “Talented Tenth” through the lens of contemporary African American males in urban educational contexts. Drawing on historical origins, critical race theory, and modern jurisprudence surrounding higher education, it argues that law and policy have systematically overlooked those who form what this Article terms the “Urban Talented Tenth.” These students, often lacking traditional markers of privilege, navigate structural inequities while achieving academic excellence. By situating their experiences against the backdrop of landmark Supreme Court cases such as Brown v. Board of Education, Regents of the University of California v. Bakke, Grutter v. Bollinger, Fisher v. University of Texas, and Students for Fair Admissions v. Harvard, this Article demonstrates how legal doctrine both constrains and enables opportunity. It concludes with proposals for policy reform that move beyond narrow affirmative action frameworks and toward structural equity in higher education. The Article also incorporates comparative case studies, empirical data, and jurisprudential analysis to highlight how law must shift from a model of diversity toward one of equity and justice.
Recommended Citation
Jean-Jacques, Walter A.
(2026)
"The Urban Talented Tenth: Race, Higher Education, and the Law of Opportunity,"
Marquette Benefits and Social Welfare Law Review: Vol. 27:
Iss.
2, Article 6.
Available at:
https://scholarship.law.marquette.edu/benefits/vol27/iss2/6