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Fisher’s Foibles: From Race and Class to Class not Race

Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on...

Community in Conflict: Same-Sex Marriage and Backlash

Did backlash to judicial decisions play a destructive role in debates over same-sex marriage, as was so often claimed? The article argues that the Supreme Court’s decision in Obergefell was possible not simply because public opinion changed, but...