Collateral censorship occurs when an intermediary refuses to carry a speaker’s message for fear of legal liability. Election speech intermediaries are prone to engage in collateral censorship because their interests do not align with the interests...
Opponents of affirmative action often claim that Asian Americans are injured by affirmative action. This argument is both inaccurate and strategic rather than motivated by real concern for Asian Americans. This Essay explains how Asian Americans in...
Introduction Imagine an applicant to a public university who is an accomplished pianist, grew up in a rural town in central Texas, and is African American. Each of these aspects of her background has played a formative role in shaping her identity...
Introduction The following is an excerpt from the transcript of oral argument in Fisher v. University of Texas at Austin,1 argued before the U.S. Supreme Court on December 9, 2015. Gregory G. Garre represented the University of Texas. Chief Justice...
This Essay considers the lessons social science research brings to the constitutional inquiry in Fisher II, and to Justice Kennedy’s decisive vote in particular. The author summarizes empirical findings demonstrating the harm that further...
Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a...