Monday, September 17, 2012

Daily Read: Sanders on Fisher v. UT

Why should courts deciding constitutional questions give deference to a bunch of professors? 

Steve SandersConLawProf Steve Sanders (pictured) poses this query with reference to the Court's decisionmaking in Fisher v. University of Texas in his brief essay over at SCOTUSBlog (part of SCOTUSBlog's terrific Fisher Symposium).

The best answer, Sanders tells us, "is that faculty members’ educational judgments are formed by the specialized training, engagement with scholarly disciplines, and daily classroom experience they bring to their work, and judges lack these things."

An interesting take on academic freedom in the context of affirmative action.

RR

http://lawprofessors.typepad.com/conlaw/2012/09/daily-read-sanders-on-fisher.html

Affirmative Action, Association, Equal Protection, First Amendment, Fourteenth Amendment | Permalink

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Comments

Racial preferences are banned in California. How exactly is "Academic Freedom" harmed there?

For a while the only Affirmative Action in Texas was their 10% rule. How exactly was "Academic Freedom" harmed there during that period?

Posted by: soren | Sep 17, 2012 4:38:03 AM

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