I have a short essay called “The Misuse of Asian Americans in the Affirmative Action Depate” just out in the UCLA Law Review Discourse — the online companion to the UCLA Law Review — about the way opponents of affirmative action have attempted to leverage Asian American identity and experience in support of their position. Of course, some Asian Americans do oppose affirmative action, as is to be expected in a large and very heterogeneous community, but the larger point of my essay is that the claim that “Asian Americans” are “harmed” by affirmative action is not supported.
Really enjoyed speaking at the Colorado Women’s Bar Association Annual Convention with my former student Joanne Morando, now a prosecutor for Mesa County! We presented the research discussed in our co-written article on cyberharassment, “Communication in Cyberspace,” published in the North Carolina Law Review.
My coauthor Aaron Belzer and I have a piece on the Washington Post’s Monkey Cage Blog today about race discrimination in the sharing economy. It builds on recent media attention, particularly the sobering stories shared on Twitter under the #AirBnbWhileBlack hashtag, and incorporates some of the analysis from our forthcoming article “The New Public Accommodations.”
I am pleased to share that my article “Identity Entrepreneurs,” which is forthcoming in the California Law Review later this year, was selected for presentation the Yale/Stanford/Harvard Junior Faculty Forum. This year the Forum will take place in at Yale Law School on June 26-27. I’m excited to attend and to share my work with top scholars in my field, as well as to meet the other junior scholars whose papers were selected. You can find more information about the Forum here.
So pleased that my article coauthored with star University of Denver student Miranda Dalpiaz is forthcoming in Cornell Law Review Online. A preliminary draft is available here; as we note in the draft, please don’t quote or cite without permission. As I’ve said before, coauthoring with students is a uniquely rewarding experience and I recommend it to any of my colleagues in the academy.
Very pleased to announce that my article “The New Public Accommodations,” coauthored with Aaron Belzer, will be published in the Georgetown Law Journal in 2017. The piece discusses race discrimination in the sharing economy; all feedback is warmly welcome.
In light of Justice Scalia’s recent passing, check out my University of Denver colleague Justin Pidot‘s brand new paper on SSRN, “Tie Votes in the Supreme Court.” Justin gives us some empirical data on 4-4 splits in the Supreme Court and argues that the court should dismiss cases as improvidently granted if the result would be a tie.
I’m excited to be participating in a few events for Alternative Constitution Day tomorrow, which Atiba Ellis of Race & Law Prof Blog discussed here.
First, I’ll be participating in the online symposium that Race & Law Prof Blog is hosting from February 3 through 12 — if anyone is interested in contributing a short (less than 500 words) contribution to the symposium, the link explains how to submit. Second, I’ll be facilitating a student discussion about Alternative Constitution Day at University of Denver Law along with my colleague Robin Walker Sterling.
I’ll link to the online symposium once it’s up.
A full draft of my article “The New Public Accommodations,” coauthored with Aaron Belzer, is now available on SSRN. Here’s the abstract:
The sharing economy raises important new questions about public accommodation laws. Such laws originally were enacted to prohibit establishments open to the public—for example, hotels, restaurants, taxi services, and retail businesses—from discriminating on the basis of characteristics such as race, color, religion, and national origin. Sharing economy businesses are functional substitutes for these traditional public accommodations. Yet existing public accommodation laws are not always a good fit for the unique features of the sharing economy.
This Article is the first to argue that public accommodation laws must evolve to address race discrimination in the sharing economy. Available evidence suggests that, in many circumstances, race discrimination affects the sharing economy in much the same way it affects the traditional economy. Sharing economy businesses use online platforms to connect providers of goods and services (drivers; landlords) with users of those goods and services (passengers; renters). These platforms often make race visible to both providers and users by requiring that they create profiles that include names, photographs, and other information. Such profiles may trigger conscious and unconscious bias and result in discrimination even if the parties never meet in person. Moreover, sharing economy businesses encourage or even require providers to rate users. Rating systems aggregate biases, and users who are members of disfavored racial categories may begin to receive worse service, or, eventually, to be denied service altogether.
This Article examines existing public accommodation laws—Title II of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1982, and the Fair Housing Act—and concludes that they hold considerable promise for remedying discrimination in the sharing economy. Nonetheless, the sharing economy presents new issues that existing laws do not entirely address. To the extent that sharing economy businesses perform the same function as traditional public accommodations yet escape existing laws, we argue that those laws should be amended and briefly describe the form the new laws should take.
Feedback is very much welcome–please feel free to contact either me or Aaron.
Pleased to be quoted at some length — and accurately — in this article in MacLeans about the so-called “PC Wars.” An excerpt: “Leong points out that the anti-PC backlash we’re seeing now is a product of ‘a lot of anxiety by members of historically powerful groups—namely, white men—about losing power and status.'”