Articles

What does "reverse discrimination" mean?

February 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson Discrimination.  Period.  With respect to race, it means treating certain people differently because they have a certain favored or disfavored skin color. I am often dismayed by opponents of racial preferences (opponents of discrimination), or proponents of equality under the law, when they use the the term & ...

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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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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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Is there a de minimis exception to the Equal Protection Clause?

March 31, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Ralph W. Kasarda Would the government be correct in arguing that a public contracting scheme that discriminates and grants preferences on the basis of race is not subject to strict scrutiny, if the program discriminates only a little bit? I recently participated in oral argument before the Fourth Circuit Court of Appeals in PLF& ...

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North Carolina's contracting quotas found to be unconstitutional in H.B. Rowe v. Tippett

July 23, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Ralph W. Kasarda Under the guise of its Minority Business Enterprise and Woman Business Enterprise Program (MWBE Program), North Carolina has operated a discriminatory public contracting program since 1989.  Yesterday, the Fourth Circuit Court of Appeals, in H.B. Rowe v. Tippett, held that most of the MWBE Program is unconstitu ...