On September 30, 2016, the U.S. Commission on Civil Rights published a report entitled "Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898." This Dissenting Statement, written by Commissioner Gail Heriot, was...

This working paper considers the effects of two California bills related to greenhouse gas (GHG) regulation – SB 375 (land use and transportation) and SB 97 (new CEQA Guidelines for GHG planning) – on local land use and regional transportation planning – in particular to contribute to...

In this short essay, I argue that the pursuit of equality beyond equality before the law and a generous safety net is to be resisted. That pursuit tends to produce impoverishment and repression. And it is at odds with the pursuit of excellence, beauty, individuality, and achievement. A state of...

In August of 2016, the U.S. Commission on Civil Rights issued a report entitled Increasing Compliance with Section 7 of the National Voter Registration Act. This Dissenting Statement was a part of that report. It discusses the fact that Section 7 of NVRA (which requires certain state agencies,...

On December 20, 2018, the U.S. Commission on Civil Rights released a report entitled Broken Promises: Continuing Federal Funding Shortfall for Native Americans. This Statement by Commissioner Gail Heriot was part of that report. It is mainly a dissent from the Commission's recommendation that...

This is a draft. The final version is forthcoming in the New York University Journal of Law and Liberty.In Griggs v. Duke Power Co. (1971), the Supreme Court held that Title VII of the Civil Rights Act of 1964 went far beyond prohibiting intentional discrimination on the basis of race, color,...

In November of 2017, the U.S Commission on Civil Rights published a report entitled “Working for Inclusion: Time for Congress to Enact Federal Legislation to Address Workplace Discrimination Against Lesbian, Gay, Bisexual and Transgender Americans.” This Commissioner Statement was part of...

Conventional delegations - statutes delegating Article I, section 8 authority - are familiar enough and have spawned a large literature regarding their constitutionality. Rather than discussing whether Congress may delegate these powers, we wish to shift the focus to delegation of other powers....

Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via...

The text of the Constitution nowhere mentions God; the document is, as some scholars put it, quot;godless.quot; What is the significance of that silence? This brief essay, written for a discussion conference on religion, multiculturalism, and citizenship, considers and criticizes two possible...