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39 J.C. & U.L. [i] (2013)

handle is hein.journals/jcolunly39 and id is 1 raw text is: THE JOURNAL OF COLLEGE AND UNIVERSITY LAW Volume 39 2013 Number 1 ARTICLES The Inevitable Irrelevance of Affirmative Action Jurisprudence Leslie Yalof Garfield Fisher v. University of Texas presents an Equal Protection challenge to the University of Texas' race-preference admissions policy. Assuming that the Court will not abolish affirmative action programs wholesale, how will colleges and universities structure their admissions programs in light of the likely teachings of the Fisher case? Garfield argues that they are likely to ignore any broad message, instead treating Abigail Fisher's case as just another example of an impermissible program. Misshaping the River: Proposition 209 and Lessons for the Fisher Case William C. Kidder 53 California's experiences with and responses to Proposition 209 bear on the Fisher v. University of Texas case with respect to both questions of compelling interest and narrow tailoring. Two related developments led to the end of race- conscious admissions at the University of California. This article advances the five central findings and conclusions. First, it compares minority students' perceptions of campus racial climate at research universities with or without affirmative action and critical mass. Second, it examines affirmative action bans and chilling effects. Third, it examines two myths about credentials and performance upon which critics of affirmative action rely. Fourth, it claims that UC has a natural experiment verifying that class-based policies are not effective substitutes for race-conscious policies. Last, the article discusses UC business schools and UC Law schools as case studies demonstrating the need for race-conscious affirmative action.