Is Honesty the Best (Judicial) Policy in Affirmative Action Cases? Fisher v. University of Texas Gives the Court (Yet) Another Chance to Say Yes

19 Pages Posted: 23 May 2012

See all articles by Vikram D. Amar

Vikram D. Amar

University of California, Davis - School of Law; University of Illinois College of Law

Date Written: April 2012

Abstract

This essay explores the likely options the Supreme Court has before it in the pending Fisher v. University of Texas affirmative action case, and locates the case in a larger framework that is rife with doctrinal and historical inconsistency, both as to substance and procedure, and that as a result opens the Court to the charge of intellectual dishonesty (or at least under-explanation).

Suggested Citation

Amar, Vikram D., Is Honesty the Best (Judicial) Policy in Affirmative Action Cases? Fisher v. University of Texas Gives the Court (Yet) Another Chance to Say Yes (April 2012). Vanderbilt Law Review En Banc, 2012 Forthcoming, UC Davis Legal Studies Research Paper No. 298, Available at SSRN: https://ssrn.com/abstract=2064995

Vikram D. Amar (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

University of Illinois College of Law

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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