Articles

PLF victory in Proposition 209 challenge

October 12, 2009 | By JOSHUA THOMPSON

Author: Joshua Thompson Last week, PLF won an important victory for equality under the law in the case of Smith v. California Health and Human Services Agency.  The case challenged Cal. Health & Safety Code §§ 128330(g) & 128345 under Article I, section 31(a) of the California Constitution (often referred to as Proposition 209), whi ...

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The "diversity" rationale

October 18, 2009 | By JOSHUA THOMPSON

Author: Joshua Thompson Over at The Volokh Conspiracy, Ilya Somin has an interesting post on the justificaiton(s) for race/ethnic preferences at public universities.  He notes how there are two general theories that are held out to justify such preferences: (1) compensatory justice; and (2) promotion of diversity.  He notes how th ...

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"The Battle for Equality"

November 11, 2009 | By JOSHUA THOMPSON

Author: Joshua Thompson That's the title of a new article in California Lawyer, a magazine sent to me for free as an active member of the California bar.  But this is not just an article in a magazine.  California lawyers who read the article, can answer a few questions about it, send in a check for … ...

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Oral argument in Proposal 2 case this Tuesday

November 13, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson Proposal 2, the Michigan Civil Rights Initiative, bans preferential treatment on account of race or sex in  Michigan government.  The constitutionality of Proposal 2 was challenged immediately by a number of defendants who could no longer receive preferential treatment to attend Michigan Universities. ...

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Lewis v. Chicago : Chicago Fire Department douses claims of discrimination

February 22, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Ralph W. Kasarda The United States Supreme Court heard oral argument today in Lewis v. City of Chicago. In this case, African-American fire department applicants sued the City of Chicago under Title VII of the Civil Rights Act of 1964. They claimed that a written examination was discriminatory when it resulted in Chicago’s decision ...

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The "race" for stimulus money

February 25, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Ralph W. Kasarda The American Recovery and Reinvestment Act was signed into law by President Obama just over a year ago, on February 17, 2009.  The Recovery Act distributes $787 billion dollars through tax benefits, contracts, grants, loans and entitlements.  Soon after the Recovery Act became law, an argument emerged that the s ...

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Contrasting BAMN with PLF

March 04, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson I was recently forwarded a radio interview with a BAMN attorney on the John & Ken show on AM 640 in Los Angeles.  The attorney, Monica Smith, is purportedly arguing in favoring of overturning Proposition 209, but it is admittedly hard to make out any legal argument amidst the hyperbole. You can listen … ...

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Doe v. Kamehameha Schools : "Kill Haole Day" is not a reasonable concern

March 05, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Ralph W. Kasarda For anyone unfamiliar with Native Hawaiian language, a "haole" is a term used to describe a foreigner, especially a white person. Over time, it has become a derogatory slang term to be used in contempt of white people. See here. While some Native Hawaiians may use the term in contempt, others … ...

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The Obama Administration disappoints again

March 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson This week the Obama Administration filed an amicus brief in Fisher v. University of Texas.  This case deals with the extent to which universities can deny individuals equal protection rights in the name of promoting group-based diversity. PLF, the Center for Equal Opportunity, and the National Association of Scholars filed ...