Civil Rights Practice Group Podcast
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.
Intellectual Property Practice Group Podcast
Professor Tom W. Bell, Chapman University, Fowler School of Law, participated in a Teleforum conference call on the topic, "Copyright Originalism." Professor Bell's new book, Intellectual Privilege: Copyright, Common Law, and the Common Good, argues that copyright in the United States has mutated into something the Founders would have hardly recognized, much less approved of. He so admires their version of copyright that he convinced the Mercatus Center to publish Intellectual Privilege under what he calls the "Founders' Copyright," allowing the public to enjoy his book under terms that replicate the effect of the original Copyright Act, passed in 1790. Christopher Newman, Associate Professor of Law, George Mason University School of Law, joined to offer his comments and questions.
- Prof. Tom W. Bell, Professor of Law, Chapman University School of Law
- Prof. Christopher Newman, Associate Professor of Law, George Mason University School of Law