Affirmative Action and Merit
The Supreme Court is set next week to hear the affirmative action case of Fisher v. University of Texas at Austin. Many people are troubled by affirmative action because they are convinced that it...
View ArticleThe Boy Scouts and Discrimination
Imagine the Boys Scouts of America discriminated on the basis of race. In this hypothetical, no black parents are allowed to lead troops, and no black children are even allowed to join them. If your...
View ArticleExpanding Bob Jones University v. United States
In Bob Jones University v. United States, the IRS revoked the tax exempt status of two religiously affiliated schools because they discriminated on the basis of race. One school (Goldsboro Christian...
View ArticleIn Defense of Law Review Affirmative Action
As you may have seen, the new Scholastica submission service allows law reviews to collect demographic information from authors. A flurry of blog posts has recently cropped up in response (including...
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Does Blind Review See Race?*
In a comment to my earlier post suggesting that law review editors should seek out work from underrepresented demographic groups, my co-blogger Dave Hoffman asked an excellent question: Would blind...
View ArticleSpecial Kids, Special Parents
First, many thanks to my exceptional and delightful colleague, Danny Citron, for inviting me to blog on Concurring Opinions. My blogging goal is to get you to focus on how law and policy could attend...
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Lest it be lost to time: Clarence Thomas, “Why Black Americans Should Look to...
From a speech at The Heritage Foundation on June 18, 1987, this while Thomas was Chairman of the Equal Employment Opportunity Commission.
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UCLA Law Review Vol. 61, Issue 4
Volume 61, Issue 4 (May 2014) Articles Expressive Enforcement Avlana Eisenberg 858 Insider Trading as Private Corruption Sung Hui Kim 928 Marriage Equality and Postracialism Russell K. Robinson 1010...
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UCLA Law Review Vol. 62, Issue 2
Volume 62, Issue 2 (February 2015) Articles Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of Texas Mario L. Barnes, Erwin Chemerinsky...
View ArticleA Historian’s Comments on Katherine Franke’s Wedlocked
In Wedlocked: The Perils of Marriage Equality legal scholar Katherine Franke compares the African American experience with marriage in the wake of the Civil War, with the quest for marriage equality...
View ArticleQueering the Family in an Age of Marriage Equality
It was a pleasure to read Katherine Professor Franke’s provocative book, Wedlocked, and an even greater pleasure to be able to engage in this on-line discussion about Professor Professor Franke’s long...
View ArticleStanley v. Illinois, Race and Gender
In yesterday’s post, I introduced the 45 year old case of Stanley v. Illinois, described what we know about the Stanley family, and introduced the idea that legal parenthood should be recognized only...
View ArticleStanley v. Illinois: Terminating A Rapist’s Paternal “Rights” in Maryland
In my first two posts on the mixed legacy of Stanley v. Illinois, I discussed my preferred relationship approach, some background about the family, why I think some justices may have seen the case as...
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