Category Archives: Uncategorized

Pari Passu as a Weapon and the Changes to Sovereign Debt Boilerplate after Argentina v. NML

David Newfield – The pari passu clause is found in nearly every sovereign debt contract issued throughout the globe. In the private context, this clause is well understood to ensure fair distributions to all creditors in the event of bankruptcy and liquidation. As insolvency distributions are not an option when dealing with distressed sovereign debt, the […]

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, […]