News & Events

Alumni Presentation on Fisher v. Texas

February 12th, 2013

Professor Vinay Harpalani (Articles Editor ’09) will be speaking at NYU Law School on February 12 at 6:30 pm in VH206, as part of the NYU BALSA Political Action Speaker Series. The presentation will cover his new article, “Diversity Within Racial Groups and the Constitutionality of Race-Conscious Admissions,” which was just published in the University of Pennsylvania Journal of Constitutional Law.

This article examines the key issues in Fisher v. Texas, the case about race-conscious admissions at the University of Texas at Austin (UT), which the U.S. Supreme Court heard on October 10. He argues that UT can constitutionally justify its race-conscious admissions policy as a means of attaining diversity WITHIN racial groups, which is part of the compelling interest articulated in Grutter v. Bollinger (2003). His article was cited in the Supreme Court amicus brief of the Society of American Law Teachers (SALT) in Fisher, and UT also used his argument about diversity within racial groups in its Supreme Court brief and at oral argument.

The full article is available for download here.

He also has a brief follow-up essay, entitled “Fisher’s Fishing Expedition,” which will soon be published in Heightened Scrutiny, the online supplement to the University of Pennsylvania Journal of Constitutional Law.  The current draft of that essay, which focused on the October 10, 2012 oral arguments in Fisher v. Texas, is available here.