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Daily Journal : Executive Order adds historic Regulatory Bill of Rights

May 29, 2020 | By ALISON SOMIN

Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement procedures and for the rule of law generally. Most press attention has focused on provisions of the order encouraging temporary regulatory suspensions to promote economic recovery. Although the economic relief provisions are ...

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The Hill : To cripple the abusive campus ‘sex bureaucracy,’ rein in the Title IX coordinators

July 31, 2020 | By ALISON SOMIN

If you want to entrench a government policy, make sure someone’s job depends on enforcing it. Even if that person isn’t a true believer in the program initially, she will be by the time her first paycheck arrives — and increasingly after that. That’s certainly the case with the education system’s Title IX coordinators, who ...

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Colleges and students are better off now that Obama era “Dear Colleague” letter is rescinded

September 09, 2020 | By ALISON SOMIN

Recently, the Department of Education’s Office for Civil Rights (OCR) rescinded a Dear Colleague letter that addressed the role of Title IX coordinators on college campuses. This is excellent news for all the reasons I discussed in an op-ed in The Hill calling for repeal of the Dear Colleague letter. What do Title IX coordinators … ...

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The Hill : California’s Prop 16 would allow discrimination against women

October 05, 2020 | By ALISON SOMIN

Proposition 16 seeks to repeal the provision of the California Constitution that prohibits discrimination and preferential treatment on the basis of race and sex in public education, employment and contracting. That provision was put there by Prop 209 in 1996. Little has been said about how this repeal effort could have the unintended consequence o ...

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The Hill : Biden executive order will lead to due process deficits on campus

March 15, 2021 | By ALISON SOMIN

Is due process in sexual assault proceedings on college campuses under new threat? Unfortunately, a new executive order likely will have that effect. Sexual assault is reprehensible. There is no serious question about whether it should be tolerated on campus. The only real question is: What, specifically, is the federal government’s role in p ...

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The Hill : Obama’s education guidance was terrible policy — and it’s about to come back

July 12, 2021 | By ALISON SOMIN

*Editor’s note: On July 23, 2021, PLF filed a regulatory comment letter with the Department of Education about nondiscriminatory administration of school discipline. You can read that letter here. *** Martin Luther King Jr. famously dreamed that his children would be judged not “by the color of their skin, but by the content of their & ...

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The time has come to end discrimination in public education

July 16, 2021 | By ALISON SOMIN

Right now, the Supreme Court has given the government the opportunity to weigh in on a case in which Asian-American applicants allege discrimination by Harvard’s Admissions Committee. Another suit, alleging anti-Asian discrimination at Yale, has been filed in federal district court. Some selective high schools have also revamped their admissi ...

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Daily Journal : Harvard admissions case gives high court chance to revitalize equal treatment

December 16, 2021 | By ALISON SOMIN

Should racial preferences in university admissions be legal? The U.S. Supreme Court has an opportunity to revisit that hotly debated question if it decides to take up Students for Fair Admissions v. Harvard (about racial preferences at a private college) and/or Students for Fair Admissions v. University of North Carolina (preferences at a public un ...

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Washington Examiner : Supreme Court could rein in the administrative state

December 29, 2021 | By ALISON SOMIN

Could a Supreme Court opinion about the arcane question of hospital reimbursement rates deal a critical blow to the unconstitutional nature of the federal regulatory state? The narrow issue in American Hospital Association v. Becerra is about the proper interpretation of the rules that the Department of Health and Human Services must follow when se ...