Higher Education

2016 National Student Symposium - "Poverty, Inequality, and the Law"

University of Virginia School of Law - February 26-27, 2016 Friday, February 26, 03:00 PMUniversity of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903

The Federalist Society of the University of Virginia School of Law is excited to host the 35th National Student Symposium on February 26-27, 2016.

On the topic of poverty, liberals claim the moral high ground. Their response includes federal and local interventions including entitlements, higher taxes, and a generally bigger and more active government. Despite liberals' insistence to the contrary, conservatives and libertarians also care about the poor, but they have their own ideas about how to lift people out of poverty. This symposium will explore these ideas.

Affirmative Action Again: Fisher v. University of Texas - Podcast

Civil Rights Practice Group Podcast
Roger B. Clegg, Theodore M. Shaw December 14, 2015

On December 9, the Supreme Court heard oral argument in Abigail Fisher v. University of Texas at Austin. In this case, Ms. Fisher challenges the use of racial and ethnic preferences in undergraduate admissions at the University. This is the case’s second trip to the Supreme Court; in 2013, the Court reversed a Fifth Circuit decision that had upheld the University’s policy, and said the lower court had been too deferential to the school, particularly with respect to applying the “narrow tailoring” prong of strict scrutiny. On remand, the Fifth Circuit again ruled for the University, and last summer the Court granted Ms. Fisher’s petition.

Mr. Clegg and Prof. Shaw discussed what the Court is likely to do with the case, as well as what the Court should do with the case. The Court’s review comes at an interesting time, with numerous campus protests on race-related issues. Also of interest is the fact that Ms. Fisher’s lawyers have now filed lawsuits against Harvard and the University of North Carolina – Chapel Hill, and have emphasized allegations of discrimination against Asian Americans.


  • Roger B. Clegg, President and General Counsel, Center for Equal Opportunity
  • Prof. Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law, and Director of the Center for Civil Rights, University of North Carolina School of Law

Race-Conscious College Admissions: Fisher v. University of Texas - Podcast

Civil Rights Practice Group Podcast
Joshua P. Thompson December 09, 2015

Two years ago, the Supreme Court’s 7-1 ruling in Fisher v. University of Texas required race-conscious college admissions programs to be subject to strict judicial scrutiny, mandating that such programs be narrowly tailored to serve a compelling government interest. On remand, the Fifth Circuit upheld the University of Texas’ admission policy as meeting that standard, but the case will once again be considered by the Supreme Court, and was argued on December 9. What are the issues now under consideration, and what are the arguments of each party? Why has the case returned to the Court a second time?


  • Joshua P. Thompson, Principal Attorney, Pacific Legal Foundation

Can college admissions consider race?

Short video featuring Gail Heriot discussing Fisher v. University of Texas at Austin
Gail Heriot December 04, 2015

Gail Heriot, Professor of Law at the University of San Diego school of law, discusses Fisher v. University of Texas at Austin in which the Fifth Circuit re-endorsed the use of racial preferences in undergraduate admissions decisions.  Fisher alleges that the use of such preferences violates the Equal Protection Clause of the Fourteenth Amendment.  The University of Texas denies violating the Constitution.

College Admissions and Affirmative Action - Podcast

Civil Rights Practice Group Podcast
Edward Blum, William Consovoy January 09, 2015

The battle over the use of affirmative action in college admissions seems far from over, as the recent filing of two federal lawsuits demonstrates. The Project for Fair Representation recently sued both Harvard University and the University of North Carolina at Chapel Hill for allegedly capping the number of Asian-Americans they admit and using racial classifications to engage in invidious discrimination. Edward Blum and William Consovoy provided a litigation update on these and other cases.

  • Edward Blum, Director, The Project on Fair Representation
  • William Consovoy, Partner, Consovoy McCarthy PLLC