Articles

Justice Alito's dissent in Fisher v. University of Texas highlights discrimination against Asian-Americans

June 23, 2016 | By RAYMOND NHAN

Fisher v. University of Texas was a blow to those battling against racial preferences. However, for those looking for any silver lining, Justice Alito’s dissent provides some relief. For the first time in a major affirmative action case, a Supreme Court Justice gave a meaningful discussion about Asian-Americans’ place in the racial pref ...

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Disparity studies get no respect

December 01, 2015 | By RALPH KASARDA

It turns out few people trust consulting firms that conduct disparity studies.  According to an article in the New York Daily News, New York City recently entered into a contract with consulting firm MGT of America to conduct a disparity study.  The firm is to determine whether the city gave out fewer contracts by percentage … ...

Articles

Effort to reinstate racial preferences puts affirmative action into new light

March 14, 2014 | By PACIFIC LEGAL FOUNDATION

An effort to reinstate affirmative action in California highlights the paradigm shift that is happening with respect to the purposes and effects of affirmative action.  The affirmative-action paradigm is that affirmative action allows universities to admit racial/ethnic minorities over more-deserving Caucasian students – or at least to admit rac ...

Articles

California high speed rail collides with the Constitution

April 12, 2013 | By RALPH KASARDA

Will discriminatory contract requirements derail the California high speed rail?  In June, the California High Speed Rail Authority (CHSRA) is expected to award its first ever contract for the design and construction of a segment of California’s high speed rail line.  The contract will cover portions of Madera and Fresno counties.  Unfort ...

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California high-speed rail’s race-based contracting scheme is off track

August 13, 2012 | By RALPH KASARDA

On August 2, 2012, I attended the monthly public board meeting of the California High Speed Rail Authority (CHSRA) to comment on CHSRA’s new race-based contracting goal.  For anyone who has not attended one of these meetings, they appear to have evolved into an assembly of the mutual admiration society where supporters of high-speed rail a ...