Author Archives: Sam Winikoff

More than Just the Numbers: Fisher v. Texas and the Practical Impact of Texas’s Top Ten Percent Law

Data—actual facts—demonstrate that Texas’s Top Ten Percent Law (“TTPL”) is insufficient to achieve diversity in the state’s universities and colleges.1 A significant amount of TTPL students graduated from hyper-segregated schools where African-American and Latino/a students, combined, comprised 80% or more of the total school population. Also, a substantial amount of these hyper-segregated schools had an […]

The More Things Change, the More they Stay the Same: Why Fisher v. University of Texas at Austin Will Not Fundamentally Alter the Affirmative Action Landscape

Adam Lamparello – In Fisher v. University of Texas at Austin (“Fisher II”), the United States Supreme Court will decide the constitutionality of the University of Texas’s (“University”) affirmative action policy, and the potential impact of the Court’s decision on affirmative action programs nationwide is being widely debated. Some commentators fear that the Court is […]

Getting Real About Race and Class: An Evaluation of the Constitutionality of Class-based, Socioeconomic Affirmative Action Without Grutter

Junis L Baldon – The concept of “racial neutrality” remains omnipresent in our political and judicial discourse about the use of race in college and university admissions.  Proponents of “race neutrality” have advocated for the use of class-based, socioeconomic affirmative action as a possible alternative to the explicit use of race in college and university admissions. Indeed, […]

It’s Not About Race: The True Purpose of the University of Texas’ Holistic Admissions System is to Give Preferences to Well-Connected White Applicants, Not to Disadvantaged Minorities

Jonathan R. Zell – Most elite colleges and universities employ a so-called “holistic”-admissions system to select all of their incoming students.  In contrast, the University of Texas at Austin (“UT”)—one of the parties in the Supreme Court’s Fisher cases—uses holistic admissions to admit only 20% to 25% of its undergraduate students.  The remaining 75% to 80% […]