"Let's be honest, we've all expressed opinions about difficult hot-button issues without always thinking them through. With so much media spin, political polarization, and mistrust of institutions, it's hard to know how to think about these tough challenges, much less what to do about them. One...

This article, written for a Vanderbilt conference on affirmative action, considers the state of race-based affirmative action by public universities after the Supreme Court's decision in Fisher v. University of Texas at Austin (2013). It criticizes many aspects of the Court's jurisprudence in...