Thursday, May 9, 2013

Recent scholarship

In Fisher's Fishing Expedition, Professor Vinay Harpalani discusses the oral arguments in Fisher v. Texas, arguing that fousing on the meaning of "critical mass" and total race neutrality in UT admissions is futile and unnecessary to decide Fisher. University of Pennsylvania Journal of Constitutional Law - Heightened Scrutiny, February 2013.

For another perspective on the discussion of critical mass during the Fisher argument, Professor Sheldon Bernard Lyke argues that "the justices’ questions during argument exhibited a fundamental flaw in their understanding of the definition of critical mass--[p]recedent has never barred the use of numbers or goals" in attaining admissions diversity. Catch Twenty-Wu? The Oral Argument in Fisher v. University of Texas and the Obfuscation of Critical Mass, Northwestern University Law Review Colloquy, Vol. 107, p. 209, 2013.

In May, most teachers are in the grading cycle. Professor Joshua M. Silverstein writes a timely article that contends that "every American law school ought to substantially eliminate C grades by settings its good academic standing grade point average at the B- level because low grades damage students’ placement prospects and marks in the C range injure students psychologically." Law schools, Professor Silverstein writes, are the primary exception to the convention that C's are only given for unsatisfactory work in American graduate education. A Case for Grade Inflation in Legal Education, forthcoming, University of San Francisco Law Review.

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