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The Court is asked once again to consider whether the race-conscious admissions program at the University of Texas is lawful under the Equal Protection Clause.
I The University of Texas at Austin or University relies upon a complex system of admissions that has undergone significant evolution over the past two decades. In assessing applicants, preference was given to racialminorities. Inthe Court of Appeals for the Fifth Circuit invalidated this admissions system, holding that any consideration of race in college admissions violates the Equal Protection Clause.
One year later the University adopted a new admissions policy. The PAI was a numerical score based on a holistic review of an application. The Texas Legislature responded to Hopwood as well.
As its name suggests, the Top Ten Percent Law guarantees college admission to students who graduate from a Texas high school in the top 10 percent of their class. Those students may choose to attend any of the public universities in the State.
The University used this admissions system untilwhen this Court decided the companion cases of Grutter v. The University concluded that its admissions policy was not providing these benefits.
After the board approved the proposal, the University adopted a new admissions policy to implement it. The University has continued to use that admissions policy to this day.
Today, up to 75 percent of the places in the freshman class are filled through the Plan. The University did adopt an approach similar to the one in Grutter for the remaining 25 percent or so of the incoming class.
This portion of the class continues to be admitted based on a combination of their AI and PAI scores.
Now, however, race is given weight as a subfactor within the PAI. The PAI is a number from 1 to 6 6 is the best that is based on two primary components. The first component is the average score a reader gives the applicant on two required essays.
Both the essay readers and the full-file readers who assign applicants their PAI undergo extensive training to ensure that they are scoring applicants consistently. Deposition of Brian Breman 9—14, Record in No. Both the intensive training and the reliability analyses aim to ensure that similarly situated applicants are being treated identically regardless of which admissions officer reads the file.
Race enters the admissions process, then, at one stage and one stage only—the calculation of the PAS. Furthermore, consideration of race is contextual and does not operate as a mechanical plus factor for underrepresented minorities.
She was not in the top 10 percent of her high school class, so she was evaluated for admission through holistic, full-file review. This Court granted certiorari and vacated the judgment of the Court of Appeals, Fisher v.
This Court granted certiorari for a second time, U. Fisher I set forth these controlling principles, while taking no position on the constitutionality of the admissions program at issue in this case. On remand, the Court of Appeals determined that the program conformed with the strict scrutiny mandated by Fisher I.
Unlike other approaches to college admissions considered by this Court, it combines holistic review with a percentage plan. This approach gave rise to an unusual consequence in this case: Because petitioner did not graduate in the top 10 percent of her high school class, she was categorically ineligible for more than three-fourths of the slots in the incoming freshman class.
It seems quite plausible, then, to think that petitioner would have had a better chance of being admitted to the University if the school used race-conscious holistic review to select its entire incoming class, as was the case in Grutter.
For that reason, throughout this litigation, the Top Ten Percent Plan has been taken, somewhat artificially, as a given premise. In particular, it has led to a record that is almost devoid of information about the students who secured admission to the University through the Plan.
The Court thus cannot know how students admitted solely based on their class rank differ in their contribution to diversity from students admitted through holistic review. In an ordinary case, this evidentiary gap perhaps could be filled by a remand to the district court for further factfinding.
If the Court were to remand, therefore, further factfinding would be limited to a narrow 3-year sample, review of which might yield little insight.
Furthermore, as discussed above, the University lacks any authority to alter the role of the Top Ten Percent Plan in its admissions process. The Plan was mandated by the Texas Legislature in the wake of Hopwood, so the University, like petitioner in this litigation, has likely taken the Plan as a given since its implementation in If the University had no reason to think that it could deviate from the Top Ten Percent Plan, it similarly had no reason to keep extensive data on the Plan or the students admitted under it—particularly in the years before Fisher I clarified the stringency of the strict-scrutiny burden for a school that employs race-conscious review.To what extent should universities function as training grounds for employment?
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Thus at Venice the College, even in the absence of the Doge, is called "Most Serene Prince." The Palatine of Posen, father of the King of Poland, Duke of Lorraine.
The transportation chosen should be the least costly, consistent with the itinerary and the business requirements of the trip.
If a travel itinerary is created to accommodate personal business, the traveler must pay the incremental cost of personal business and document the costs incurred, separating personal expenses from University business expenses.
State and local government facilities must follow the requirements of the Standards, including both the Title II regulations at 28 CFR ; and the ADAAG at .