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Abstract

Colleges and universities frequently receive requests and demands from constituents to take race into account in selection of faculty, admission of students, and financial aid. Colleges and universities seek to promote racial and other diversity on campus and are open to ways to increase it. Donors, alumni, faculty, and students are often unaware of the legal framework that governs whether and how colleges and universities can consider race in making such decisions, and college and university administrators often seek guidance from counsel. This article aims to speak not only to legal scholars and campus lawyers, but to the wider campus community about the objectives that a college or university may and may not seek through race-conscious means and the race-conscious methods that a college or university may and may not use to accomplish those goals. In light of the U.S. Supreme Court's second decision concerning race-conscious admissions in Fisher v. University of Texas, the time is ripe to survey this broader landscape, identify gaps, and consider whether and to what extent Fisher II fills them.and may not seek through race-conscious means and the race-conscious methods that a college or university may and may not use to accomplish those goals. In light of the U.S. Supreme Court's second decision concerning race-conscious admissions in Fisher v. University of Texas, the time is ripe to survey this broader landscape, identify gaps, and consider whether and to what extent Fisher II fills them.

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