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Full-Text Articles in Law
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 …
The Future Of Affirmative Action, Wendy B. Scott
The Future Of Affirmative Action, Wendy B. Scott
Journal Articles
The author served as the moderator of a panel at the Symposium entitled Twenty-Five Years: The Future of Affirmative Action. In this Commentary, she reviews articles by Professors Kevin Brown, Leland Ware, and John Valery Mute appearing elsewhere in this Issue.