There’s no such thing as “careful” discrimination

PLF friend Jennifer Gratz published an op-ed in the Washington Times today on the Administration’s desire to see racial preferences continue indefinitely.  Here’s a snippet: In today’s increasingly pluralistic society, race usually does not — and certainly should not — determine what … Continue reading

Moneyball Sentencing

University of New Mexico School of Law Professor Dawinder Sidhu has an excellent article available at SSRN about the criminal justice’s system increasing use of statistics to predict a defendant’s future dangerousness.  Professor Sidhu analogizes to the concept of Moneyball—or … Continue reading

What can Moneyball teach us about the debate over racial preferences?

Some things are accepted as so obvious that people rarely ask whether they are true. Take baseball for example. There used to be a time when fans and managers alike hyped up a pitcher as a “winner,” a batter as … Continue reading

The Leadership Conference tries hard to convince itself that Americans support the Voting Rights Act

Everyone knows that pollsters can design questions that elicit the results they want. Indeed, even very subtle changes in poll questions can show that Americans either support or disapprove of any particular person or policy. That’s why reputable polling organizations take great pains … Continue reading

PLF files brief in the Supreme Court opposing race-based redistricting

We have previously blogged about the latest redistricting controversy to reach the Supreme Court. In these two combined cases, styled Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, the plaintiffs contend that the redistricting plan for … Continue reading

Is the denial of preferential treatment discrimination?

One group in the State of Washington thinks so. White female contractors are threatening to sue that state’s department of transportation if they aren’t given preferential treatment based on their race and gender. The commotion stems from Washington’s implementation of the infamous … Continue reading

Brown signs bill that purports to overturn Schuette

Ten days ago, Governor Brown signed AB 2646 into law.  The stated purpose of the statute is return the law to where it was before the Supreme Court issued its opinion in Schuette v. BAMN — the case that upheld the … Continue reading

Why the Colbert Report is wrong about friend-of-the-court briefs

Various news and entertainment outlets have questioned the usefulness of friend-of-the-court briefs (also known as amicus briefs) at the Supreme Court. Both the New York Times and the Colbert Report recently endorsed a law professor’s article questioning the validity of … Continue reading

An inside look at Fisher

There’s a new book out on Supreme Court Justice Sotomayor.  I have not read the book, but PLF friend Josh Blackman has the scoop on an interesting story about the Fisher decision in the book. According to Blackman (via Nina Totenberg), the case … Continue reading

Supreme Court to decide if the Fair Housing Act allows disparate impact claims

Today the Supreme Court announced it would accept review in the case Texas Dept. of Hous. & Community  Affairs v. Inclusive Communities Project on the one issue that has escaped resolution by the Court twice before. That issue is:  Are disparate-impact … Continue reading