Vinay Harpalani (IIT Chicago-Kent College of Law) has posted
Fisher's Fishing Expedition (15 U. Pa. J. Const. L. Height. Scrutiny (Spring 2013)) on SSRN. Here is the abstract:
This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of "critical mass" and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher.