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
Date Written: April 2012
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).
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