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Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

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Kentucky Law Journal

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Articles 1 - 2 of 2

Full-Text Articles in Law and Race

Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak Jan 2017

Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak

Kentucky Law Journal

No abstract provided.


The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold Jan 2017

The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold

Kentucky Law Journal

Many expected Fisher v. University of Texas at Austin (Fisher I), 133 S. Ct. 2411 (2013)—an appeal from the Court ofAppeals for the Fifth Circuit upholding the University of Texas at Austin's race-conscious admissions program—to sound the death knell for race-based affirmative action in higher education. Instead, in remanding the case back to -the Fifth Circuit, the Supreme Court of the United States upheld the consideration of race in college admission programs, so long as such use could satisfy strict scrutiny. Nonetheless, Fisher I concerned academics and practitioners with its potentially limiting language, leaving the future of race-based …