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Current law tasks regulatory agencies with a significant role in promoting equality and reducing discrimination in our schools, workplaces, and throughout American society. How can we navigate this emotionally-charged area to identify regulatory actions that haven’t been effective or have had unintended consequences to propose solutions?

Ending Sex Discrimination in Campus “Sexual Misconduct” Proceedings

June 26, 2018

In this paper, Linda Chavez, Roger Clegg, and Stuart Taylor argue that Department of Education guidance documents infringed on the due process and free speech rights of those accused of sexual harassment or assault on college campuses, and proposes guidelines to address these concerns.

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A Review of Department of Education Programs: Transgender Issues, Racial Quotas in School Discipline, and Campus Sexual Assault Mandates

September 12, 2017

The authors of this paper explore the Department of Education’s enforcement of laws aimed at curtailing discrimination in education, and argue that there are “several areas where a single federal administrative agency has replaced the legitimate function of the legislature to define discrimination based on race, color, national origin, sex, and religion.”

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Deep Dive Episode 202 – HUD and the Disparate Impact Rule

November 1, 2021

A panel of experts debates the pros and cons of a proposed HUD rule regarding disparate impacts.

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Deep Dive Episode 192 – Gender Based Board Quotas, the Fourteenth Amendment, and Meland v. Weber

August 10, 2021

An expert panel discusses the underlying law and the likely next steps in Meland v. Weber, a case regarding gender based corporate board quotas in California.

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Deep Dive Episode 191 – Talks with Authors: A Dubious Expediency

August 3, 2021

Gail Heriot and Maimon Schwarzschild discuss their recent book, which is a collection of essays examining the impact of racial diversity preferences in American colleges and universities.

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Deep Dive Episode 186 – Teaching About Race in the Curriculum

July 7, 2021

This episode features a panel discussion on the current debates over how best to teach American history.

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Explainer Episode 24 – The Future of Title IX Implementation

April 30, 2021

Edward E. Bartlett and Linda Chavez join the podcast to discuss the future of Title IX implementation under the Biden administration.

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Deep Dive Episode 125 – The New Title IX Rules

August 13, 2020

This live podcast discusses and analyzes what new Title IX rulemaking means for students, schools, potential legal challenges, and future administrations.

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Deep Dive Episode 91 – The Expected New Title IX Rules

March 3, 2020
In this episode, Linda Chavez moderates as KC Johnson and Stuart Taylor discuss the implications for anticipated Department of Education rules governing Title IX campus proceedings on allegations of sexual assault and harassment.
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Explainer Episode 10 – Did Harvard Admissions Discriminate Against Asians?

December 20, 2019

In Students for Fair Admissions, Inc. v. Harvard, it is alleged that Harvard admissions discriminated against Asians applicants. In this episode, Pacific Legal Foundation attorney Wen Fa discusses the case, the legal context in which the case was brought, and the case’s potential implications.

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Deep Dive Episode 71 – Accounting for Race 101: Virginia Universities and Racial Preferences

October 7, 2019

This episode features audio from a September 10 panel that explored the implications of a study by the Center for Equal Opportunity that examines how five Virginia public universities preference certain applicants based on race.

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Deep Dive Episode 52 – Race In Admissions: Texas Tech Medical School

May 15, 2019

The Texas Tech Medical School recently approved an agreement with the Department of Education’s Office for Civil Rights to end the use of racial preferences in their admissions process. Roger Clegg joins us to discuss the recent agreement and its implications.

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HUD and the Disparate Impact Rule

November 1, 2021

A panel of experts debates the pros and cons of a proposed HUD rule regarding disparate impacts.

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Gender Based Board Quotas, the Fourteenth Amendment, and Meland v. Weber

August 20, 2021

An expert panel discusses the underlying law and the likely next steps in Meland v. Weber, a case regarding gender based corporate board quotas in California.

Watch this video

Talks with Authors: A Dubious Expediency

August 3, 2021

Gail Heriot and Maimon Schwarzschild discuss their recent book, which is a collection of essays examining the impact of racial diversity preferences in American colleges and universities.

Watch this video

Accounting for Race 101: Virginia Universities and Racial Preferences

September 24, 2019

On September 10, 2019, The Federalist Society hosted a luncheon co-sponsored with the Center for Equal Opportunity (CEO). CEO released and presented a new study and report entitled “Race and Ethnicity in Undergraduate Admissions at Five Virginia Universities,” which examined how admissions programs at five Virginia public universities (University of Virginia, College of William & Mary, Virginia Tech, James Madison University, and George Mason University) preference certain applicants based on race. The results of the study and its implications for the broader academic discussion of racial preferences in college admissions were discussed by the panelists.

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Are U.S. Colleges and Universities Barring Asian Applicants Based on their Race?

May 30, 2018

The Regulatory Transparency Project and the Center for Equal Opportunity co-sponsored a discussion on the admissions practices at elite colleges as they affect Asian American applicants.

Linda Chavez and her CEO colleagues presented and released a new study and report entitled “‘Too Many Asian Americans?’ Affirmative Discrimination in Elite College Admissions.” The CEO study illustrates that while Caltech admissions decisions are race-blind, its elite sister institutions Harvard University and MIT have established “ceilings”—or a limit—on Asian American acceptances. In addition to addressing the direct ramifications of their study’s findings, event panelists also discussed the unintended consequences of these admissions practices, whether current regulations are adequate to address issues of racial discrimination in college admissions, and what additional role government or civil society may play in redressing racially discriminatory admissions practices.

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Racial Preferences in Government Contracting: How It Happens and Why It’s Wrong

Wen Fa

May 3, 2021

Wen Fa discusses racial preferences and the public contracting process.

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Why Did California’s Prop 16 Fail? A County-by-County Assessment

Althea Nagai

March 12, 2021

The numbers suggest that a majority of voters simply disliked racial/ethnic/gender preferences.

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Real Harms from Racial Discrimination in Harvard Admissions

Wen Fa

December 2, 2019

“If you are an Asian American — or even if you simply have an Asian or Asian sounding surname — you need to be careful about what you do and don’t say in your application.” That’s from The Princeton Review, and it’s indicative of what Asian-American teenagers can expect to read in college admissions guidebooks and hear from high school counselors.

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Good Intentions Gone Awry: Racial Quotas in Connecticut Schools

Wen Fa

July 23, 2019

Hartford, Connecticut is a modern day tale of two cities. The city has world-class magnet schools, where students have access to butterfly vivariums and some of the best education the state has to offer. Then there are failing neighborhood schools, where rust has changed the color of traffic signs and where many children’s hope for a brighter future have been extinguished.

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Texas Tech Abandons Racial Preferences in Medical School Admissions

Roger B. Clegg

April 10, 2019

Texas Tech’s medical school recently agreed to stop using racial and ethnic preferences in its admissions.  This came about because of a complaint against Texas Tech filed in 2004 by my organization, the Center for Equal Opportunity, and the ensuing 15-year investigation by the Department of Education’s Office for Civil Rights, headed now under the Trump administration by Ken Marcus.

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Trump Administration Withdraws Guidance on Affirmative Action In Admissions

Alison Somin

July 11, 2018

On Wednesday, July 3, the Departments of Education and Justice announced that they withdrew a group of Obama-era guidances regarding the use of race in school admissions.

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Affirmative Discrimination Against Asian American Applicants in College Admissions

Althea Nagai

May 22, 2018

The Asian American population and the number of Asian Americans going to elite colleges in the United States have exploded in the past few decades. However, since the 1990s, some admissions officers seem to regard being Asian American as a “minus” factor in an application even as they see being black or Hispanic as a “plus.” It’s not as if a college explicitly states that it needs to cap the number of Asian Americans admitted so that more applicants who are not of Asian lineage can get in.  Instead, commitments to “holistic admissions” and racial and ethnic “diversity” do the job.

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U.S. Commission on Civil Rights Report on Educational Equity – Commentary

Carissa Mulder

March 12, 2018

The U.S. Commission on Civil Rights recently released a report entitled, “Public Education Funding Inequity in an Era of Increasing Concentration of Poverty and Resegregation.” The report argues that children from low-income families tend to live in school districts that have less money than children from wealthier families. Despite the report’s emotional language, these funding gaps are not as stark as one might suppose.

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Outstanding New Article on “Disparate Impact” and School Discipline

Roger B. Clegg

February 13, 2018

Gail Heriot and Alison Somin have written an important article that will appear in the Texas Review of Law & Politics, “The Department of Education’s Obama-Era Initiative on Racial Disparities in School Discipline:  Wrong for Students and Teachers, and Wrong on the Law.”

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