New York Court Hears Firefighters’ Title VII Case

On Tuesday the New York Court of Appeals–New York’s highest court–heard argument in Margerum v. City of Buffalo, a case brought by white firefighters who were not promoted because of their race. The City of Buffalo allowed the fire department’s promotional eligibility … Continue reading

Would it be cheaper to just fly every Californian to Japan?

I follow The Onion on Twitter.  It is a news parody site, and it is regularly hilarious.  Over the weekend it tweeted, “Ambitious High-Speed Rail Plan Will Fly Americans To Japan To Use Their Trains onion.com/1Am4dk1 #OurAnnualYear.”  The linked article talks about an “ambitious” $80 billion … Continue reading

Could Texas soon be back under federal Voting Rights Act supervision?

In October, federal judge Nelva Gonzalez Ramos of the Southern District of Texas issued a far-reaching opinion striking down Texas’ new Voter ID law on several grounds. She not only found that the law violated Section 2 of the Voting … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

Make the Fair Housing Act fair: Remove disparate impact

On October 2, 2014, the United States Supreme Court granted review in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  When it did, the Court made it clear that it only wants to resolve one … Continue reading

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … Continue reading

Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his … Continue reading

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