Abstract
This article, written for a Vanderbilt conference on affirmative action, considers the state of race-based affirmative action by public universities after the Supreme Court’s decision in Fisher v. University of Texas at Austin (2013). It criticizes many aspects of the Court’s jurisprudence in this area, including its application of strict scrutiny, its notions of diversity, remediation, critical mass, consideration of applicants as individuals, race-neutral alternatives, the duration of preferences, the putative benefits of diversity, and the social costs of preferences.
Published Version
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