Reading Between the Blurred Lines of Fisher v. University of Texas

After more than eight months of anticipation and speculation, the Supreme Court finally issued its opinion in Fisher v. University of Texas at Austin. Contrary to fears held by some and hopes held by others, the Court did not use the case as an opportunity to overrule Grutter v. Bollinger, thereby prohibiting the consideration of race in higher education admissions decisions. Instead, the Court vacated the Fifth Circuit’s decision upholding the University of Texas’ (“UT” or “University”) race-based admissions policy and remanded the case “for further proceedings consistent with [the] opinion.” At first glance, the majority opinion authored by Justice Anthony Kennedy appears to be a straight forward tutorial regarding the parameters of strict scrutiny by which courts are to examine the constitutionality of race-based admissions plans. After concluding that the Fifth Circuit failed to analyze the UT plan under the proper constitutional standard due to the deference shown to the University during its narrow tailoring analysis, the Court decided that “fairness to the litigants and the courts that heard the case requires that it be remanded so that the admissions process can be considered and judged under a correct analysis.” While the University and other affirmative action supporters may view the Court’s decision as an optimistic signpost for the future of race-based admissions policies, this Essay fears that, unfortunately, such optimism may be misplaced. It argues that a closer reading of the opinion reveals troubling language and sentiments that could detrimentally impact both the UT admissions plan, specifically, and the future of racial diversity in higher education, more broadly

From the Schoolhouse to the Poorhouse: The Credit Card Act\u27s Failure to Adequately Protect Young Consumers

The article discusses the Credit Card Act of 2009 specifically its provisions aiming to protect college-aged consumers. The author cites the students\u27 high debt figures and discusses the negative impact on their academic, personal and future professional lives. He identifies loopholes that have enabled circumventions and deliberates on proposals which include increases in age and ability-to-pay requirements, limits to increasing credit limits and imposition of usury or interest rate caps

Parents Involved & Meredith: A Prediction Regarding the (Un)Constitutionality of Race-Conscious Student Assignment Plans

During the October 2006 Term, the United States Supreme Court will consider the constitutionality of voluntary race-conscious student assignment plans as employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education. These cases will mark the Court’s first inquiry regarding the use of race to combat de facto segregation in public education. This article examines the constitutionality of such plans and provides a prediction regarding the Court’s decisions. The article begins with an analysis of the resegregation trend currently plaguing American educational institutions and identifies two causes for the occurrence: (1) the shift in the Supreme Court’s jurisprudence regarding desegregation and (2) school officials’ adherence to the “neighborhood school concept” when making student assignment decisions. The article then examines the challenged plans, specifically their attempts to create and maintain racially diverse student bodies through the use of racial tiebreakers and guidelines. After considering the Supreme Court’s prior decisions and rationale regarding the use of race in education, the article predicts that the Supreme Court will strike down both plans as violative of the Equal Protection Clause. In light of this probable outcome, the article urges school officials to consider race-neutral methods to achieve diversity and to improve the quality of education provided to disadvantaged, minority students

From the Schoolhouse to the Poorhouse: The Credit Card Act\u27s Failure to Adequately Protect Young Consumers

The article discusses the Credit Card Act of 2009 specifically its provisions aiming to protect college-aged consumers. The author cites the students\u27 high debt figures and discusses the negative impact on their academic, personal and future professional lives. He identifies loopholes that have enabled circumventions and deliberates on proposals which include increases in age and ability-to-pay requirements, limits to increasing credit limits and imposition of usury or interest rate caps