Introduction This Article builds on an intervention Luke Harris and Uma Narayan made more than two decades ago in the Harvard BlackLetter Law Journal repudiating the conceptualization of affirmative action as a racial preference.1 The central claim...
This Essay reviews and synthesizes contemporary social science research relevant to the constitutional question, in Fisher v. University of Texas at Austin and more broadly, of whether consideration of socioeconomic status and percent plan...
Introduction When I attended Michigan Law School in 1966, as a 2L Harvard transfer, there was only one, or perhaps two, African Americans in a student body of about 1100 students, and if there were any students of Latino heritage their presence went...
Public participation has long been a cornerstone of administrative law. Many administrative procedures require participation, and underlying normative theories embrace participation as a way to legitimate the administrative state. It is well...
Can otherwise constitutionally protected speech lose its protection because of the speaker’s supposedly improper purpose? The Supreme Court has sometimes said “no”—but sometimes it has endorsed tests (such as the incitement test) that do turn on a...
In response to an emerging electricity sector, Congress passed the Federal Power Act (FPA) in 1935 and enshrined a division of jurisdiction between the federal government and the states. Federal jurisdiction would control wholesale electricity and...