In Fisher's Fishing Expedition,Professor Vinay Harpalani discusses the oral arguments in Fisher v. Texas, arguing that fousing on the meaning of "critical mass" and total raceneutrality in UT admissions is futile and unnecessary to decide Fisher. University of PennsylvaniaJournal of Constitutional Law – Heightened Scrutiny, February 2013.
For another perspective on thediscussion of critical mass during the Fisherargument, Professor Sheldon Bernard Lyke argues that "the justices’questions during argument exhibited a fundamental flaw in their understandingof the definition of critical mass–[p]recedent has never barred the use ofnumbers or goals" in attaining admissions diversity. Catch Twenty-Wu? The OralArgument in Fisher v. University of Texas and the Obfuscation of Critical Mass,Northwestern University Law Review Colloquy, Vol. 107, p. 209, 2013.
In May, most teachers are in thegrading cycle. Professor Joshua M. Silverstein writes a timely article that contendsthat "every American law school ought to substantially eliminate C gradesby settings its good academic standing grade point average at the B- levelbecause low grades damage students’ placement prospects and marks in the Crange injure students psychologically." Law schools, Professor Silversteinwrites, are the primary exception to the convention that C's are only given forunsatisfactory work in American graduate education. A Case for Grade Inflation in Legal Education,forthcoming, University of SanFrancisco Law Review.