Race Discrimination
Targeting Employee for Op-Ed Criticizing "Anti-Racism" Because She's White May Be Race Discrimination
but because here the employer's (and union's) actions were basically just an incident of public criticism, they didn't qualify as hostile environment harassment (and the employee wasn't fired or demoted).
A Double Standard Between Ukrainian and Afghan Refugees?
Critics allege, with some justice, that the Biden Administration is treating the former more favorably than the latter. If so, the right solution is to increase openness to Afghans and others fleeing war and repression, not bar more Ukrainians.
Justice Gorsuch Calls for Overruling the Insular Cases
In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt immigration restrictions from normal constitutional scrutiny.
Jurors Who "Believe That Some Races … Tend to Be More Violent Than Others,"
interpreting "tend to" as reflecting the "statistics" about racial disparities in committing violent crimes.
Fourth Circuit Stays Trial Court Ruling Against Racial Balancing Policy Discriminating Against Asian Applicants to Prominent Virginia Public School
The stay may signal that the federal appellate court will ultimately uphold the school's policy.
Fairfax County School Board To Appeal Ruling Against Racial Balancing Efforts
The school board is fighting a federal judge’s ruling against a new admissions policy at Virginia's elite Thomas Jefferson High School.
Two Interviews on Migration Rights, Foot Voting, and the War in Ukraine
Recordings of recent interviews on these topics with T.J. O'Hara for the Deconstructed podcast, and Areva Martin on her talk show program, Special Report.
Ketanji Brown Jackson on Race and Judging
At her confirmation hearing for her current position on the court of appeals, KBJ testified that "race would be the kind of thing that would be inappropriate to inject in my evaluation of a case."
Federal Court Strikes Down Racial Balancing Policy Resulting in Discrimination Against Asian Applicants at Prominent Virginia Public School
The new admissions policy at Thomas Jefferson High School for Science and Technology did not explicitly discriminate based on race. But the court found it was intended to reduce the number of Asian students admitted, in order to increase the percentage of students from other groups.
College Basketball Star Wayne Arnold (Concordia) Sues for Libel, Discrimination, Etc.
It all started with a stolen PlayStation 5.
Rights and Wrongs of Replacing Traditional Affirmative Action with Preferences for Descendants of Slaves
This approach would avoid many of the flaws of traditional racial preferences. But it has some downsides of its own.
My Boston Globe op ed on What the Supreme Court Should do in the Harvard and UNC Affirmative Action Cases
I argue the justices should crack down on the dubious "diversity" rationale for racial preferences, and curb discrimination against Asian-American applicants.
My NBC Article on the Affirmative Action Cases Accepted by the Supreme Court.
The article explains key issues in the case, and outlines what I think the Court should do.
Supreme Court Takes Two Cases Challenging Racial Preferences in College Admissions
One involves racial preferences at Harvard, the other at the University of North Carolina at Chapel Hill.
Amy Wax and the Problem of Right-Wing Double Standards on Immigration
Her support for racially discriminatory immigration policies is just the tip of a much broader iceberg of conservative support for discrimination in immigration policy of a kind they would reject in other contexts.
Minnesota Government: "Deprioritiz[e] Access for Patients" to COVID Drugs, Based Partly on Their Being White
A rich non-white patient would be given priority over a poor white patient with precisely the same age and health conditions.
N.Y. Rationing COVID Drugs Based on Race
Sick non-Hispanic whites can only get oral antivirals if they have a medical condition or unspecified "other factors that increase their risk for severe illness"; sick "[n]on-white[s]" and "Hispanic[s]" don't face such a requirement.
"I Despise White People" Lawsuit Against OSU Can Go Forward
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
Americans Want Racial Diversity More Than Ever Before
People are increasingly tolerant of racial differences.
California Offering COVID Boosters to 50-to-64-Year-Olds in "Communities of Color"
How about communities of pallor? Looks like they'll have to figure out that they should claim "increased risk due to social inequity."
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law - Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
A New Report on the Aurora, Colorado, Police Department Documents a Pattern of Excessive Force and Racial Disparities
The report from the attorney general's office also found that Aurora paramedics used ketamine illegally to treat "excited delirium."
Are Republicans Who Support New Voting Restrictions Racist or Just Partisan?
Each major party portrays the other as a deadly threat to democracy.
Chuck Schumer Says He Wants To Legalize Marijuana. His Bill Suggests Otherwise.
The Senate majority leader's racial rhetoric and overly prescriptive approach make an already iffy effort even more quixotic.
My New Article on "Migration and Self-Determination"
The article, which is available free on SSRN, criticizes claims that governments have a right to exclude migrants based on various theories of self-determination.
Don't Ban Critical Race Theory in Education. Embrace School Choice Instead.
It's wrong for politicians to suppress important debates in schools. Instead let families have more control of their kids' educations.
Classes Canceled as Lawmakers Cut Boise State Budget Over Diversity Course Kerfuffle
The university abruptly shut down dozens of classes over an unfounded claim that a white student was taunted.
Lawsuit Challenging Racial Balancing and anti-Asian Discrimination at Prominent Selective Public High School Will Proceed
A federal court denied the Fairfax County School Board's motion to dismiss the case.
A Cross-Ideological Case for Ending Exclusionary Zoning
A recent Century Foundation report highlights reasons why breaking down barriers to building new housing should appeal to left, right, and libertarians alike.
Race and Violent Crime
Do "Black and white people routinely commit crimes at similar rates," if we focus on violent crime? Is "Black-on-Black crime ... a myth"?
Florida Supreme Court Rejects Race/Sex/Etc. Quotas in Continuing Legal Education Programs
[UPDATE: This might make American Bar Association CLE programs, for which the ABA requires such quotas, ineligible for Florida CLE credit.]
My "The Hill" Article About Anti-Asian Discrimination on Left and Right
The article shows how the left and right-wing versions of hostility to Asians have much in common.
Vermont: Special Vaccine Access If You're of the Right Racial Group
Clearly unconstitutional.
Apparent Unconstitutional Race Discrimination in School Reopening Plan
at the West Contra Costa Unified School District (Northern California).
