This is my new article, forthcoming in the SMU Law Review. Larry Solum's legal blog says its "highly recommended," and you can download it here. Meanwhile, here is the abstract: Hundreds of law review ...

[I'm reposting this because the linked article disappeared from SSRN's website soon after I posted it, until a copyright permission issue was resolved.] My article, Students for Fair Admissions and ...

Heartland’s Tim Benson is joined by David E. Bernstein, University Professorship chair at the Antonin Scalia Law School at George Mason University, to discuss his new book, Classified: The Untold ...

Race-conscious affirmative action, in which schools consider applicants’ race as a factor in admissions, has traditionally been treated as a form of “racial classification.” The first time that the ...

The Office of Management and Budget (OMB) has just issued new standards for collecting data on race and ethnicity in an attempt to be more inclusive of our nation’s growing diversity since its last ...

With just a few short words, lawmakers passed a bill that, once signed by Gov. J.B. Pritzker, makes Illinois the first state to add the racial classification of Middle Eastern or North African for ...

Born Equal: Eliminating Ethnicity and Race from Birth Certificates This article discusses how racial categories, rooted in social history, are used in records and society. It argues race isn’t ...

On September 23, 2024, the United States District Court for the Eastern District of Kentucky (the “Court”) issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of ...

The chair Don Mahon SC says that my description, on Case In Point, of the pupillage admissions process as “highly racially ...

President Cyril Ramaphosa’s clarifying of government’s position on race-based terminology in official records has ignited debate over the country’s progress in redressing the injustices of the past.