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20 Aug 2023, 5:56 pm
Looking at the underlying facts in major cases in the Supreme Court and circuit court cases, we see that Black Americans have always been eligible, the Mexican American classification expanded into all Hispanics, Asian Americans and subgroups thereof were initially eligible, but later were considered "over-represented" and therefore at best ineligible for preferences, if not subject to higher standards than white applicants. [read post]
14 Aug 2023, 5:36 am
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
1 Aug 2023, 1:26 pm
Aaron Sibarium reports for the Free Beacon: "All applicants will be required to submit a short video, no longer than 90 seconds, addressing a question chosen at random," the school's admissions page said Monday morning. [read post]
31 Jul 2023, 5:03 am
[She doesn't do a very good job of it.] [read post]
30 Jul 2023, 2:48 pm
"Stanford could become 40 percent Jewish, 40 percent Asian-American and 10 percent requisite black," says emeritus Harvard sociologist David Riesman. [read post]
28 Jul 2023, 12:28 pm
My co-blogger David Bernstein explained why in a 2016 post: Virulent racists and anti-racist activists would seem to have little in common, but in fact they tend to agree on one mistaken premise: Race relations are a zero-sum game. [read post]
14 Jul 2023, 5:15 am
Request for Paper Proposals Snapshot: Voices for Liberty, an initiative of the Liberty & Law Center at the Antonin Scalia Law School, seeks to examine the ways in which free speech propels civil and social progress. [read post]
14 Jul 2023, 4:30 am
(Note, this letter is a project of David Bernstein of the Jewish Institute for Liberal Values. [read post]
8 Jul 2023, 5:57 am
Imagine you were a black or Hispanic applicant who did not want to be given a racial/ethnic preference when applying to Harvard. [read post]
6 Jul 2023, 6:32 pm
OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. [read post]
6 Jul 2023, 2:52 pm
In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools' interest in diversity. [read post]
6 Jul 2023, 5:22 am
Frank writes in the Wall Street Journal: In a dissent from last week's ruling against racial preferences in college admissions, Justice Ketanji Brown Jackson enumerated purported benefits of "diversity" in education. [read post]
6 Jul 2023, 4:27 am
[Justice Sotomayor decides who is a person of color based on whether it supports her views regarding structural racism.] [read post]
29 Jun 2023, 1:04 pm
The post Congratulations to Our Own Randy Barnett, David Bernstein, and Gail Heriot, appeared first on Reason.com. [read post]
26 Jun 2023, 9:18 pm
On that latter point, I agree with co-blogger David Bernstein. [read post]
21 Jun 2023, 12:48 pm
–Additional reporting by David Minsky, Emily Field and Linda Chiem. [read post]
12 Jun 2023, 1:09 pm
In scientific publishing, when scientists make a mistake, they publish an erratum or a corrigendum. [read post]
8 Jun 2023, 8:16 am
[Seattle University is hosting eleven speakers for the webinar, all of whom support racial preferences.] [read post]
7 Jun 2023, 4:20 pm
On Tuesday, in Nuziard v. [read post]
5 Jun 2023, 7:41 am
Michael Shermer, founder of Skeptic magazine The Remnant, Jonah Goldberg Cato Institute speech hosted by Walter Olson with comments by Bob Cottrol and Jane Coaston Manhattan Institute, hosted by Ilya Shapiro with comments from Adrienne Davis and Glenn Loury Reason with Nick Gillespie and Kenny Xu Unregistered, Thaddeus Russell Jewish Institute for Liberal Values Federalist Society with Cory Liu Heartland Institute with Tim Henson Speech at Berkeley Law, hosted by Steve Hayward (yes, I defied the… [read post]