Category Archives: Uncategorized

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% […]

Unfair Coercion, or Greater Deference? Two New Sides of King v. Burwell

Tom Miller – Litigation challenging the legality of an Internal Revenue Service rule that became final on May 2012 has traveled a long, winding, and contentious path. The IRS rule authorized the distribution of federal premium assistance tax credits in all health benefits exchanges under the Patient Protection and Affordable Care Act of 2010 (the “ACA”). […]

Wollschlaeger, A Patient’s Right to Privacy, and a Renewed Focus on Mental Health Treatment

By Chad A. Pasternack In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in […]