Skip to main content
Article
Good Faith and Narrow Tailoring in Fisher
Journal Articles
  • Jennifer Mason McAward, Notre Dame Law School
Document Type
Article
Publication Date
1-1-2013
Publication Information
59 Loy. L. Rev. 77 (2013)
Abstract

This piece considers three issues relating to the Supreme Court’s upcoming decision in Fisher v. University of Texas: First, how should the Court perform the narrow tailoring inquiry? Is any deference due the University with respect to its choice of means by which it seeks to diversify its class? Second, how should the relatively modest impact of the university’s racial preference impact the Court’s assessment of narrow tailoring? Third, what is the constitutional relevance of Texas’s Top Ten Percent Program? Does the relative success of the program make it a workable race-neutral alternative that constitutionally precludes the school from adding additional race-conscious diversity-seeking measures?

Citation Information
Jennifer Mason McAward. "Good Faith and Narrow Tailoring in Fisher" (2013)
Available at: http://works.bepress.com/jennifer_masonmcaward/3/