Articles

The Hill : Brandeis follows the herd on race-based hiring and admissions

October 24, 2022 | By DANIEL ORTNER

Brandeis University was founded in Waltham, Mass., in 1948, when other universities commonly employed quotas to exclude Jewish, African American or Asian American students from admission. … ...

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California Globe : University of California Retreats from Unlawful Diversity Statement Mandates

June 23, 2022 | By DANIEL ORTNER

In 2015 the University of California enacted a seemingly innocuous policy which said, “faculty achievement that promote equal opportunity and diversity should be given due recognition in the academic personnel process.” But this modest mandate for recognizing contributions to diversity has grown into a leviathan that imposes a loyalty o ...

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The Hill : Rein in the governors, how to prevent emergency powers abuse after COVID

June 20, 2022 | By DANIEL ORTNER

If we’ve learned anything in the past few years, it’s that emergency power is easily abused. During the COVID-19 pandemic, governors across the country claimed unprecedented power to combat the virus. Businesses were shuttered, schools closed or moved online, vaccinations were required to eat at a restaurant, see a musical, or even do y ...

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Federal judge re-affirms free speech victory, invalidating Connecticut’s unconstitutional donor privacy and fundraising registration laws

January 27, 2022 | By DANIEL ORTNER

This week, Connecticut put the final nail in the coffin of a state law that violated the free speech of charity fundraisers. The First Amendment covers a lot of ground that may not be immediately obvious. Most probably understand that it protects people’s right to peacefully protest, their right to express their opinion, and even … ...

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Issues & Insights : Cuomo’s many abuses show why the separation of powers matters

January 18, 2022 | By DANIEL ORTNER

During the COVID-19 pandemic, former New York Governor Andrew Cuomo was breathlessly heralded as “the politician of the moment” and the “authoritative voice in the crisis.” His press briefings were carried live on all major news networks and even won him an Emmy. He was seen as decisive and in charge, and he even wrote R ...

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Oregon’s ban on real estate love letters sparks free speech challenge

December 23, 2021 | By DANIEL ORTNER

Imagine you’ve decided to venture into the world of homeownership for the first time and find yourself locked in a tight bidding war—an all-too-common scenario in today’s overheated housing market. If only there were some way you could differentiate your offer and stand out for special consideration in the seller’s eyes…. It t ...

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The Hill : Racial discrimination in vaccine administration undermines public health

October 26, 2021 | By DANIEL ORTNER

Race-based government policies are being promoted more vigorously in the United States lately and they threaten to undo progress toward equality before the law. We’re seeing school boards engineer admissions to achieve racial balancing in classrooms, COVID-19 relief programs that earmark funds for preferred minority groups, and government con ...

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The Oregonian : Oregon gives a cold shoulder to love letters

September 15, 2021 | By DANIEL ORTNER

Don’t even think about sending a love letter. If you are buying a home in Oregon, that is. In today’s very competitive real estate market, buyers’ love letters are a common practice to try to get a little more attention and sympathy from a seller. Buyers can tell sellers what they really love about the … ...

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San Jose State University must respect and protect free speech

August 31, 2021 | By DANIEL ORTNER

American universities are meant to be places to debate ideas and explore novel theories. But, unfortunately, the picture on American campuses today is quite different. Today, disagreeing with woke orthodoxy might get you branded a racist by university officials and threatened with sanctions. This was the unfortunate experience of Dr. Elizabeth Weis ...