Hopwood v. Texas: Strict in Theory or Fatal in Fact

This Article examines Hopwood v. Texas, a Fifth Circuit Court of Appeal case decided in 1996. This case involved an affirmative action admission policy at the University of Texas School of Law. The author reviews the factual and legal history behind the case and critiques the decision with a view toward future affirmative action policies. The author finds that this decision leaves educational institutions uncertain as to the appropriate measures they may take to ensure diversity.

In forcing schools to create admissions policies based primarily on past academic performance, the author concludes that the requirements of this decision will yield an admission pool similar to that of the pre-Civil Rights Act era.