Diversity in Higher Education: The Legal Landscape After Fisher v. University of Texas


Foley Hoag LLP

Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600

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May 20, 2013 8:00AM–9:30AM


The U.S. Supreme Court issued a landmark ruling on affirmative action in higher education admissions. This ruling, Fisher v. University of Texas, has fundamentally changed the rules on when and how colleges and universities may pursue the educational benefits of student diversity through the consideration of applicants’ race and ethnicity.

Foley Hoag attorneys will host a breakfast seminar to discuss the Fisher ruling, its impact on current law, and compliance and strategic planning issues for colleges and universities. Topics will include:

  • How far does the Supreme Court’s ruling extend beyond the unique facts at issue in the undergraduate admissions program at University of Texas at Austin?
  • After Fisher, under what circumstances may a college or university now consider race and ethnicity in admissions?
  • Must an institution prove that race-neutral policies are insufficient to achieve diversity?
  • To what extent will the judgments of college and university administrators continue to receive deference from the courts?
  • What legal exposure do institutions face for non-compliance?

This seminar will provide information of interest for counsel, administrators, and policymakers in higher education.