Legal formalism is a consistent theme in Justice Scalia’s voluminous opinions. Yet one should not automatically associate formalism with either originalism or conservatism. Justice Scalia’s formalist interpretation of the Constitution occasionally aligned him with the more liberal justices on the Court, as in Hamdi v.
If you want to confuse a roomful of law students, teach them First Amendment doctrine. Courts have struggled over the years to develop a consistent jurisprudence, instead creating “a vast Sargasso Sea of drifting and entangled values, theories, rules, exceptions, predilections.” Recent events at
Could a co-op require homeowners to consist primarily “of German extraction?”
While this question may sound like a case straight out of the Civil Rights era, a homeowner in Yaphank, New York filed a lawsuit last week challenging a co-op bylaw that contained such a provision.
Partial Stay Order Issued in Harvard Admissions Suit
On Friday, Judge Allison Burroughs issued a partial stay order for Students for Fair Admissions v. Harvard College, which alleges discriminatory admissions practice against Asian American applicants. The order will stay in effect until the First Circuit hears an
I had the talk with my parents when I started high school. No, not that talk you are thinking of right now.
They wanted to talk about institutional racism in America. Specifically, they thought it was imperative for me to understand the bias against Asian applicants
Harvard is in trouble again. On Friday, over 60 Asian American organizations and associations filed an administrative complaint with the Dept. of Justice and Dept. of Education, alleging discriminatory admissions practices against Asian Americans. The complaint comes just six months following a lawsuit alleging similar
In recent years, an increasing number of institutions have publicly offered university-level courses online for free. Elite institutions such as Harvard and Yale have recorded a number of their undergraduate courses and posted them online. Specialized providers of massive open online course (MOOC) have also
On December 17th, 2014, the nonprofit organization Students for Fair Admissions (SFFA) filed suit in the Massachusetts District Court against Harvard College, alleging racial discrimination in its admissions policy. However, the targets of the allegedly discriminatory practice are Asian Americans, a group that most people
FBI Director Addresses Race and Policing
In a speech to Georgetown students, director of the FBI, James B. Comey, spoke about how racial perceptions affect policing in neighborhoods where African Americans commit crimes at a higher rate. Mr. Comey said some officers in these areas scrutinize African