Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Confident Court, Jennifer Mason Mcaward
The Confident Court, Jennifer Mason Mcaward
Journal Articles
Despite longstanding rules regarding judicial deference, the Supreme Court’s decisions in its October 2012 Term show that a majority of the Court is increasingly willing to supplant both the prudential and legal judgments of various institutional actors, including Congress, federal agencies, and state universities. Whatever the motivation for such a shift, this Essay simply suggests that today’s Supreme Court is a confident one. A core group of justices has an increasingly self-assured view of the judiciary’s ability to conduct an independent assessment of both the legal and factual aspects of the cases that come before the Court. This piece discusses …
Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward
Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward
Journal Articles
This piece considers three issues relating to the Supreme Court’s upcoming decision in Fisher v. University of Texas: First, how should the Court perform the narrow tailoring inquiry? Is any deference due the University with respect to its choice of means by which it seeks to diversify its class? Second, how should the relatively modest impact of the university’s racial preference impact the Court’s assessment of narrow tailoring? Third, what is the constitutional relevance of Texas’s Top Ten Percent Program? Does the relative success of the program make it a workable race-neutral alternative that constitutionally precludes the school from adding …