The Supreme Court's decision in Fisher v. University of Texas at Austin (Fisher II) held that the University of Texas had presented sufficient evidence to establish that its pursuit of the educational benefits of diversity through a race-conscious admissions policy satisfied the Court's demanding strict scrutiny inquiry. This Comment examines how Fisher II may benefit universities that seek to consider an applicant's race among many factors to assemble a diverse class while also analyzing how the case will make it harder for universities to do so given the Court's demanding evidentiary burden. This Comment then proposes a short-and long-term approach for preparing for the eventual demise of affirmative action. In the short-term, universities should consider educational disadvantage as a positive race-neutral factor that could assist institutions in assembling a diverse class. In the long-term, the federal government should take action that closes elementary and secondary educational opportunity and achievement gaps in ways that can help institutions enroll diverse student bodies even after affirmative action ends.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
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In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of...
Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia
Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...
He who opens a school door, closes a prison. – Victor Hugo
Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...
This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...
In this Foreword, I lay out the case for intimate privacy—what it is, why it is in jeopardy, and how we can fight to get it back, if we try...
This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...
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