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Place, Not Race: A New Vision of Opportunity in America

Civil Rights Practice Group Teleforum September 16, 01:00 PMFederalist Society Teleforum Conference Call

Race-based affirmative action had been declining as a factor in university admissions even before the recent spate of related cases arrived at the Supreme Court. Since the mid-1990s, the percentage of four-year public colleges that consider racial or ethnic status in admissions has fallen from 60 percent to 35 percent. Only 45 percent of private colleges still explicitly consider race, with elite schools more likely to do so, although they too have retreated. Law school professor and civil rights activist Sheryll Cashin believes that this isn’t entirely bad news, because as she argues, affirmative action as currently practiced does little to help disadvantaged people. The truly disadvantaged are not getting the quality schooling they need in part because backlash and wedge politics undermine any possibility for common-sense public policies. Using place instead of race in diversity programming, she writes, will better amend the structural disadvantages endured by many children of color, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. In Place, Not Race: A New Vision of Opportunity in America, Professor Cashin reimagines affirmative action and champions place-based policies, arguing that college applicants who have thrived despite exposure to neighborhood or school poverty are deserving of special consideration.

Executive Order 13672: The LGBT Executive Order

Religious Liberties Practice Group Teleforum September 17, 01:00 PMFederalist Society Teleforum Conference Call

On July 21, 2014 President. Obama issued Executive Order 13672, amending EO 11246 which has been around since 1965. The new EO added sexual orientation and gender identity to the list of prohibited bases of employment discrimination by federal contractors. The order applies to all employees of a contractor, not just those working on a federal contract. It also requires the contractor to hold itself out to the public as an equal opportunity employer with respect to these newly protected classes, and to post in conspicuous places notice to employees and job applicants of its nondiscrimination duties.

Some religious organizations are federal contractors. This has long been the practice with respect to international relief efforts, as well as for services to meet the religious needs of those in prison and serving in the armed forces. Religious organizations petitioned the White House for an exemption from these new requirements. Although they did not succeed, they were able to convince President Obama to leave intact a more limited religious exception permitting religious organizations to staff on a religious basis, an exception drawn from Title VII of the 1964 Civil Rights Act.

  • Prof. Carl H. Esbeck, R.B. Price Professor Emeritus and Isabelle Wade & Paul C. Lyda Professor of Law Emeritus, University of Missouri, Columbia School of Law
  • Dr. Stanley W. Carlson-Thies, Founder and President, Institutional Religious Freedom Alliance; Senior Fellow and former Director of Social Policy Studies, Center for Public Justice; former Director, White House Office of Faith-Based & Community Initiatives
  • Prof. Robin Fretwell Wilson, Director, Program in Family Law and Policy, University of Illinois College of Law

Race-based Admissions Revisited: Fisher v. University of Texas

Civil Rights Practice Group Teleforum September 18, 02:00 PMFederalist Society Teleforum Conference Call

On July 25, 2014, the Fifth Circuit Court of Appeals issued its decision in Fisher v. University of Texas at Austin, on remand from the Supreme Court of the United States.  In a 2-1 decision, the panel up the University of Texas' affirmative action policies, "persuaded by UT-Austin ... of its necessary use of race in a holistic process and the want of workable alternatives that would not require even greater use of race."  Was this decision consistent with the Supreme Court's 7-1 decision in June 2013?  What will happen going forward?  Our expert will answer these and other questions for a live call-in audience.

  • Andrew Grossman, Associate, Baker & Hostetler LLP and Adjunct Scholar, The Cato Institute

Consumer Financial Protection Bureau Update - September 2014

Financial Services & E-Commerce Practice Group Teleforum September 26, 11:00 AMFederalist Society Teleforum Conference Call

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee will provide an update on recent important activity at the Consumer Financial Protection Bureau (CFPB) on this Teleforum conference call. Recent developments include a Washington Examiner article titled “Revolving Door at Regulator CFPB Enables Former Bureaucrats to Cash In at Taxpayers’ Expense”, the repeal of the bank regulators credit practices rules and the simultaneous warning that agencies will still enforce them, the CFPB’s barring the sale of student loans by Corinthian Colleges Inc., a CFPB report promoting “financial wellness” in the workplace, the CFPB's announcement that it will hold a field hearing on auto finance on September 18 in Indianapolis, and the introduction of bipartisan legislation that would invalidate the CFPB’s March, 2013 auto finance guidance and require the CFPB to proceed, if it chooses to do so, by rulemaking.

  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law