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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...

The Puzzle of Social Movements in American Legal Theory

In one of the most striking developments in American legal scholarship over the past quarter century, social movements have become central to the study of law. Why has this happened? To answer the question, this article provides an original account...