Race Discrimination
The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case
Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.
DOJ Says Equal Opportunity Officials Pressured Employers Into Race-Based Discrimination
A new Office of Legal Counsel opinion says disparate impact rules pushed employers to treat workers as members of racial groups rather than individuals.
My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"
Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.
My New Article Making "The Case Against Mass Deportation" [Updated with link]
It was published on the Society for the Rule of Law's Checks and Balances substack.
The Origins and Influence of Zero-Sum Thinking
A new study highlights the power of zero-sum thinking as a determinant of political views - and also should lead some to rethink immigration.
This Virginia Bill Expands Affirmative Action in State Contracting
The bill creates a new program to increase agency spending on small businesses, particularly those owned by women, minorities, and disabled veterans.
Why the Economic Impact of Immigration Restrictions is Similar to that of Racial Discrimination and Apartheid
Economist Tarnell Brown explains.
Bill de Blasio's Diversity Push for These Schools Lowered Admissions Standards—and Didn't Increase Diversity
New data display the failures of the expanded Discovery Program.
Trump's Racially Discriminatory Refugee Policy
There is no non-racist justification for prioritizing white Afrikaner South Africans while closing the door to virtually all other groups.
Second Circuit Allows Claim That "Implicit Bias Trainings" Constituted Racial Harassment
The court concluded that the plaintiff, a former New York City educator and administrator, presented enough of a case to go to the jury.
Supreme Court Issues Dubious "Shadow Docket" Ruling Staying Injunction Against Racial Profiling in Immigration Enforcement
There is no majority opinion, so the reasoning is unclear. But Justice Kavanaugh's concurring opinion undercuts principle that government must abjure racial discrimination.
America's Two-Front War on Science
Universities’ internal culture wars threaten free speech and inquiry, but political attacks on research funding and infrastructure are crippling U.S. scientific leadership.
Federal Court Rules Against Racial Profiling in "Roving" Immigration Enforcement Raids
Racial profiling is a longstanding problem, exacerbated by Trump Administration deportation policies.
Colleges Created a Diversity Box-Ticking Game—Zohran Mamdani Just Played It
The big problem here is the elite racism of college admissions departments, not the mayoral candidate's creative box-checking.
I'm No Fan of UVA's President. That Doesn't Mean the Government Should Force Him Out.
Jim Ryan is the latest casualty in Trump's unconstitutional war against elite universities.
Standard for Proving Title VII Violation Same for Majority Plaintiffs as for Minority Plaintiffs
The Court rejected some federal circuits' rules that a majority-group plaintiff must "present[] evidence of 'background circumstances' suggesting that the [defendant] was the rare employer who discriminates against members of a majority group."
Can We End Racism by Ending the Idea of Race Itself?
Author Sheena Michele Mason offers an alternative vision for anti-racism.
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
The Racist Roots of Gun Control
Measures restricting gun ownership still disproportionately harm black and brown people, says Maj Toure, founder of "Black Guns Matter."
"Not Only Is [the Race Discrimination Plaintiff] a Perpetual Claimant, He Is a Holdup Artist"
A judge sanctions a self-represented litigant who threatened to contact defendant's donors as a means of trying to pressure defendant into settling.
American Journal of Law and Equality Symposium on the 70th Anniversary of Brown v. Board of Education
The symposium includes contributions by many prominent legal scholars. I am among the contributors.
Illinois Scholarship Program Explicitly Excludes White Applicants
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
Public Defender Disqualified from Case for Race-Related Statement in Plea Bargain Negotiations
A California appellate panel interprets California's Racial Justice Act.
Justice Department Sues To Force South Bend To Hold Police to Lower Standards
The Department of Justice alleges that the South Bend Police Department is violating the Civil Rights Act due to disparate acceptance rates for female and black applicants.
Was the Federal Government's Defense of Race-Based Debt Relief for Farmers and Ranchers "Substantially Justified"?
An interesting question divides a panel of the U.S. Court of Appeals for the Sixth Circuit.
The 70th Anniversary of Brown v. Board of Education
The anniversary is today. The American Journal of Law and Equality is publishing a symposium on Brown to mark the occasion. I am one of the contributors.
Racially Discriminatory Enforcement Lawsuit Against Duluth Police Officer Can Go Forward
A black resident called the police to complain about alleged racial harassment by white neighbor; the resident alleges the police arrested him for leaving the scene after the police arrived, but didn't arrest the neighbor for doing the same thing.
Supreme Court Refuses to Hear Case Involving Use of Race-Neutral Means to Facilitate Anti-Asian Discrimination at Selective Public High School
Justice Alito wrote a strong dissent to denial of certiorari. The issues the case raises are likely to recur. In the meantime, the lower court ruling in the case sets a dangerous precedent.
White University Administrator's Race Discrimination Case Can Go Forward
The administrator, at Texas A & M University Texarkana, alleges he was pushed out because of his race, and because he had declined to discipline a student who "had used the word 'Nigga' in [a classmate's] presence while on a trip to the mall."
