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Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire Jan 2012

Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire

Colin W. Maguire

The U.S. Supreme Court seems intent on taking another look at affirmative action in higher education. What could this mean for colleges and universities? This blawg post offers no definitive answers, but points out that arguments exists for both sides of the issue through a recent legal development: Iqbal & Twobly's Plausibility Doctrine. If the Doctrine forces a transative duty on case law, then affirmative action programs' legal rationale - long decried for not making logical sense - could suffer. Conversely, the Court appears to have already used plausibility as a factor in promoting a different type of affirmative action program ...