Friday, July 19, 2013

Affirmative Action Score: Advantage: U. of Texas

The National Law Journal
As hypothetical memo shows, despite challenger's 7-1 'victory' in Fisher, state schools face little risk.

The memo reproduced below arrived in the writer's in-box recently, with no identifiable source. Attorney-Client Confidential Memo From: General Counsel of AnyState University To: President of AnyState University I am following up on your call to me on Monday, when I expressed my opinion that, even though the U.S. Supreme Court reversed Fisher v. Univer­sity of Texas, 7-1, state universities like ours have nothing much to worry about for the time being. I say this not as a constitutional law scholar, but as a long-time litigator. Here's why.

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