Race Discrimination

American Multiculturalism: Its Force and Limits From 1776 to Today - Event Audio/Video

18th Annual Faculty Conference
Mary Anne Case, John C. Eastman, Richard W. Garnett, Heather MacDonald, Nicholas Quinn Rosenkranz January 16, 2016

Since before the Revolution, American legal and political traditions have supported many forms of multiculturalism, through institutions such as freedom of association, religious liberty, parental rights, freedom of speech, private property, federalism, often open immigration policy, and the like. And those traditions have likewise imposed constraints on such multiculturalism. What can those traditions tell us about today’s multiculturalism debates?

This panel took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 9, 2016.

Panel: American Multiculturalism: Its Force and Limits From 1776 to Today
9:00 am - 10:45 am

  • Prof. Mary Anne Case, University of Chicago Law School
  • Prof. John C. Eastman, Chapman University School of Law
  • Prof. Richard W. Garnett, University of Notre Dame Law School
  • Ms. Heather Mac Donald, Manhattan Institute
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center

Sheraton New York Times Square Hotel
New York, NY

Affirmative Action Again: Fisher v. University of Texas - Podcast

Civil Rights Practice Group Podcast
Roger B. Clegg, Theodore M. Shaw December 14, 2015

On December 9, the Supreme Court heard oral argument in Abigail Fisher v. University of Texas at Austin. In this case, Ms. Fisher challenges the use of racial and ethnic preferences in undergraduate admissions at the University. This is the case’s second trip to the Supreme Court; in 2013, the Court reversed a Fifth Circuit decision that had upheld the University’s policy, and said the lower court had been too deferential to the school, particularly with respect to applying the “narrow tailoring” prong of strict scrutiny. On remand, the Fifth Circuit again ruled for the University, and last summer the Court granted Ms. Fisher’s petition.

Mr. Clegg and Prof. Shaw discussed what the Court is likely to do with the case, as well as what the Court should do with the case. The Court’s review comes at an interesting time, with numerous campus protests on race-related issues. Also of interest is the fact that Ms. Fisher’s lawyers have now filed lawsuits against Harvard and the University of North Carolina – Chapel Hill, and have emphasized allegations of discrimination against Asian Americans.


  • Roger B. Clegg, President and General Counsel, Center for Equal Opportunity
  • Prof. Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law, and Director of the Center for Civil Rights, University of North Carolina School of Law

Race-Conscious College Admissions: Fisher v. University of Texas - Podcast

Civil Rights Practice Group Podcast
Joshua P. Thompson December 09, 2015

Two years ago, the Supreme Court’s 7-1 ruling in Fisher v. University of Texas required race-conscious college admissions programs to be subject to strict judicial scrutiny, mandating that such programs be narrowly tailored to serve a compelling government interest. On remand, the Fifth Circuit upheld the University of Texas’ admission policy as meeting that standard, but the case will once again be considered by the Supreme Court, and was argued on December 9. What are the issues now under consideration, and what are the arguments of each party? Why has the case returned to the Court a second time?


  • Joshua P. Thompson, Principal Attorney, Pacific Legal Foundation

Can college admissions consider race?

Short video featuring Gail Heriot discussing Fisher v. University of Texas at Austin
Gail Heriot December 04, 2015

Gail Heriot, Professor of Law at the University of San Diego school of law, discusses Fisher v. University of Texas at Austin in which the Fifth Circuit re-endorsed the use of racial preferences in undergraduate admissions decisions.  Fisher alleges that the use of such preferences violates the Equal Protection Clause of the Fourteenth Amendment.  The University of Texas denies violating the Constitution.

Vanita Gupta, Department of Justice’s Top Civil Rights Prosecutor, on Criminal Justice Reform and Policing - Podcast

Civil Rights Practice Group Podcast
Vanita Gupta November 02, 2015

Vanita Gupta, Principal Deputy Assistant Attorney General of the Department of Justice’s Civil Rights Division, delivered an address on criminal justice reform and policing. In announcing her arrival at the Department of Justice, Eric Holder praised Ms. Gupta, saying that “even as she has done trailblazing work as a civil rights lawyer, Vanita is also known as a unifier and consensus builder. She has a knack for bridging differences and building coalitions to drive progress.” This praise has been echoed by sources as diverse as National Rifle Association head David Keene, who told the Washington Post that Ms. Gupta “listens to and works with people from all perspectives to accomplish real good.”


  • Vanita Gupta, Principal Deputy Assistant Attorney General, Civil Rights Division, United States Department of Justice