I have an op-ed in the Washington Post today, coauthored with Erwin Chemerinsky, Dean at UC Berkeley School of Law. An excerpt:
Given the many ways that affirmative action benefits Asian American students and their communities, we should see conservative solicitude for Asian Americans “harmed” by affirmative action as strategic rather than genuine. Conservative opponents of affirmative action have not, generally speaking, taken an interest in other issues that affect Asian American welfare in unique ways, ranging from employment discrimination to health care to immigration.
So why the conservative concern when it comes to affirmative action? The answer is that Asian Americans provide a convenient tool for opponents of affirmative action. By framing opposition to affirmative action as concern for Asian Americans, opponents of affirmative action can protect the existing racial hierarchy — with white people at the top — while disguising their efforts as race-neutral rather than racially motivated.
We suspect that Asian Americans will see through this clumsy and cynical attempt to deploy them in service of dismantling affirmative action. And at least for the time being, the Supreme Court has been clear that affirmative action policies are constitutional. But if anything, anti-affirmative action efforts demonstrate the need for racial diversity. One way to improve upon the shallow racial understanding of affirmative action opponents is to ensure diverse educational environments that promote clear thinking and honest conversation about racial issues.
I am pleased to share that I was recently elected to the American Law Institute. My biography page is available here, and the announcement of the most recent slate of elected members is available here. I’m honored to be included with so many distinguished colleagues, and I look forward to joining in the important work of the ALI.
I was both honored and excited to learn that I received the University of Denver’s Distinguished Scholar Award for 2017. The last time a law school faculty member won this university-wide award was in 1996. More information about the award is here.
I have an updated version of my faculty biography page on the University of Denver’s slick new website. Click through to check out my new official presence!
In the wake of yesterday’s terrifying shooting in Washington DC, I have a new op-ed available in the Washington Post. I discuss and build on existing research about the troubling number of mass shooters who have domestic violence in their pasts.
My previous writing on this topic appeared in Slate in 2014. Unfortunately, the pattern I identified at that point has continued.
I have posted a draft of my latest research, titled “Against Women’s Sports,” on SSRN. The piece asks us to critically examine the current norm of gender segregation in sports, regardless of the level and nature of the sport. I then suggest that some sports do not survive the constitutional standard of intermediate scrutiny, and that in any event we should think much more carefully about the existing norm of segregation than is our current practice.
I had the opportunity to speak on a panel at Washington University about the troubling (and, in my view, unconstitutional) Executive Order restricting travel from seven majority-Muslim countries. The room was packed. I drew parallels to other race- and identity-based immigration bans in our nation’s history, such as the Chinese Exclusion Act.
I am so pleased to have the opportunity to speak at the UC Davis Law Review “Future Proofing Law” symposium on January 27 and 28 in honor of the Review’s fiftieth anniversary. I am delivering a talk called “The Race Neutral Workplace of the Future.”
UPDATE: What a fantastic symposium! Posting a few photos from my panel with the wonderful Elizabeth Joh.
I am so pleased to be visiting at Washington University in St. Louis this semester. I will be teaching Constitutional Law I and a seminar called Commodification, Law, and Public Policy, which I’ve taught once before while visiting at UCLA. I look forward to getting to know a new community.
I am so pleased to be at Ohio State to speak at the Ohio State Law Journal’s symposium, “The Expanding First Amendment.” I will argue that the First Amendment doesn’t protect the right for platform economy hosts, such as those who rent their properties on Airbnb or VRBO, to discriminate on the basis of race or other protected characteristics. A draft of the paper I plan to publish with the journal’s symposium edition is available on SSRN.