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8 Nov 2022, 3:21 pm by Eugene Volokh
This is a straightforward, and in my view a clear correct, result under existing law; but Judge Ho had an interesting concurrence (which cited, among others, our own David Bernstein and Eugene Kontorovich): The Supreme Court has recognized a number of fundamental rights that do not appear in the text of the Constitution. [read post]
8 Nov 2022, 12:05 pm by David Bernstein
From the Taft law firm's website: "Each year, Taft awards up to seven fellowships to highly motivated, first-year law students who are members of historically underrepresented ethnic and/or racial minority groups. [read post]
7 Nov 2022, 5:57 am by David Bernstein
"Stanford could become 40 percent Jewish, 40 percent Asian-American and 10 percent requisite black," says emeritus Harvard sociologist David Riesman. [read post]
7 Nov 2022, 5:37 am by David Bernstein
Justice Samuel Alito raised this issue in the arguments, pretty clearly relying on the work of George Mason University professor David Bernstein, who eviscerated the categories in an amicus brief and has written a book on their origin and implications, Classified: The Untold Story of Racial Classification in America. [read post]
6 Nov 2022, 6:45 am by David Bernstein
As part of my book publicity duties, I have appeared on a whole bunch of radio shows and podcasts, some of which can be fairly called "right-wing. [read post]
5 Nov 2022, 7:44 am by David Bernstein
From the New York Times: In "The Asian American Achievement Paradox," which I wrote with Min Zhou and is based on 162 interviews of Asian, Hispanic, Black and white adults in Los Angeles, we found that Asian American precollege students benefit from "stereotype promise": Teachers assume they are smart, hard-working, high-achieving and morally deserving, which can boost the grades of academically mediocre Asian American students. [read post]
5 Nov 2022, 7:36 am by David Bernstein
A reader reminded me of this blog post Jan. 24, 2022: Will the Supreme Court Ask Harvard How it Justifies Treating "Asian Americans" as a Homogenous Category? [read post]
3 Nov 2022, 6:20 am by David Bernstein
One originalist argument in favor of allowing the government to engage in "race-conscious" policies is that the post-Civil War Freedmen's Bureau was established to assist freedmen and refugees, the vast majority of whom were black, as Congress was well aware. [read post]
2 Nov 2022, 7:44 am by David Bernstein
[Counsel for UNC did not know which box students of Middle Eastern Origin are supposed to check.] [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
Justice Alito Justice Alito apparently reviewed David Bernstein's amicus brief, prepared by Cory Liu. [read post]
31 Oct 2022, 2:36 pm by Ilya Somin
" Ironically, as David Bernstein notes, Afghan applicants are usually classified as "white," rather than Asian. [read post]
” Racial classifications are arbitrary and undermine diversity efforts Professor David E. [read post]
26 Oct 2022, 7:40 am by David Bernstein
In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. [read post]
23 Oct 2022, 2:18 pm by David Bernstein
Here is the first sentence of the second paragraph in Harvard's brief: This Court has consistently held that universities conducting such holistic review need not ignore that a person's race—like their home state, national origin, family background, or interests—is part of who they are, and that in seeking the benefits of a diverse student body, universities may consider race as one among many factors provided they satisfy strict scrutiny. [read post]
19 Oct 2022, 8:03 am by David Bernstein
A Telemundo debate resulted in this colloquy between the moderator and mayoral candidate Rick Caruso: "The next mayor of Los Angeles will be either an African American woman or a white man. [read post]
17 Oct 2022, 5:00 am by David Bernstein
I was a bit perplexed that in defending YLS's commitment to free speech, Dean Gerken noted that "the faculty revised our disciplinary code and adopted a policy prohibiting surreptitious recordings that mirrors policies that the University of Chicago and other peer institutions have put in place to encourage the free expression of ideas. [read post]