ABSTRACT
Critical race theory (CRT) has garnered increasing attention from various circles and disciplines as an emerging perspective in jurisprudence scholarship addressing race. CRT scholarship encompasses and borrows from a myriad set of sociopolitical and philosophical critiques that challenge the objective reality of the law and of legal doctrine and interpretation. The most recent controversy surrounding affirmative action emerged in Hopwood v. Texas. This case centred on whether the University of Texas-Austin had compelling state justification for using dual racial categories for affirmative action purposes for law school admissions. From a CRT perspective, the Hopwood opinion reinforces affirmative action being viewed as allowing lower qualified applicants into the academy or as taking jobs and admissions slots away from White European Americans.
