Open in TheBrain

heriot, g esq

~ AA DEI eg harvard

Docket for 20-1199

Mar 23 2021Brief amici curiae of Gail Heriot and Peter N. Kirsanow filed.
Main DocumentProof of ServiceCertificate of Word Count

Students for Fair Admissions, Inc., Petitioner

v.

President and Fellows of Harvard College

Students for Fair Admissions, Inc., Petitioner

v.

President and Fellows of Harvard College

Docketed:March 1, 2021
Linked with 21A393
Lower Ct:United States Court of Appeals for the First Circuit
Case Numbers:(19-2005)
Decision Date:November 12, 2020

==

http://heavy.com/news/2016/05/gail-heriot-zoe-lofgren-transgender-debate-video-bigot/

no link pix

By Paul Farrell

Updated May 27, 2016 at 10:26pm

In a viral video, San Diego law professor Gail Heriot compared transgender people to those who fantasize about being Russian princesses. Heriot was then told that she was an “ignorant bigot” by Democratic Rep. Zoe Lofgren during a House Judiciary Committee meeting. This comes after U.S. Department of Education Office of Civil Rights issued new directives on how education facilities should handle the transgender bathroom issue.

Heriot was speaking to argue that the new directives were an example of the executive branch overreaching. Herio is a member of the U.S. Commission on Civil Rights.

Here’s what you need to know:

  1. Lofgren Said She Let Heriot’s Bigotry Go ‘Unchallenged’; While the National Review Says the Congresswoman Took a ‘Cheap Shot’

Rep. Lofgren was reading from a written statement that Heriot had submitted prior to making remarks before the committee. Lofgren read out Heriot’s statement saying:

We are teaching young people a terrible lesson. If I believe that I am a Russian princess, that doesn’t make me a Russian princess, even if my friends and acquaintances are willing to indulge my fantasy.

Lofgren then added, “I found this rather offensive” before wondering if Heriot had ever met a transgender person. When the congresswoman was cut off by the committee chair, Republican Steve King from Iowa, she concluded, “We allow witnesses to say offensive things, but I cannot allow that kind of bigotry to go into the record unchallenged.”

Conservative magazine the National Review described Lofgren’s comments as an “epic cheap shot.” Writer Stanley Kurtz said, “Heriot is a thoughtful and courageous conservative whose public work consistently meets the highest intellectual standards.”

After the passage that was read out by Lofgren, Heriot wrote, “I should add that very few actual transgender individuals are confused in this way. They understand perfectly that their sex and their gender do not align. Some choose surgery to make their bodies better align with their gender. Most choose not to.”

  1. Heriot Is a Conservative Crusader Who Has Taken Specific Aim at Affirmative Action in the Past

Heriot is a popular public speaker and prolific writer in conservative circles. According to her profile at the University of San Diego website, it says that “Professor Heriot teaches and writes in the areas of civil rights, employment discrimination, product liability remedies, and torts.” That same profile lists one of her “Key Works” as “Affirmative Action in American Law Schools.”

In their defense of Heriot, the National Review drew attention to an article she wrote in 2013 titled, “The Sad Irony of Affirmative Action.”

  1. Since the Video Went Viral, Her Rate My Professor Page Has Been Trolled

Gail Heriot Facebook page

As the video of Heriot getting shut down began to spread online, she began to receive negative reviews on her Rate My Professor’s page. One said:

My friends and I indulged her fantasy that she’s a Russian Princess. Alas, all I found was a narrow-minded toad, who equates people’s dignity and identity as mere fantasy, far inferior to her own, and unworthy of either equality or her respect. Best of luck with this “princess”. Her crown’s clearly missing more than a few jewels.

Another simply wrote, “Gail Heriot is a bigot.” One of the pre-video positive reviews for Heriot’s teaching read, “She is crazy – but I really liked her. It took me awhile to understand just how brilliant she is. I felt like she really explained everything very well. I would take a class from her again and think she is an exceptional professor.”

  1. She Is a Graduate of Northwestern & the University of Chicago Where She Was in the Phi Beta Kappa Honor Society

Yesterday I was deluged w/ threats and vulgarities. Today, thanks to this essay, it's starting to run the other way. http://bit.ly/1U0DgZA

8:46 AM - May 27, 2016

Zoe Lofgren's Epic Cheap-Shot at Gail Heriot, by Stanley Kurtz, National Review

Leftists are touting it as an “epic smackdown,” but it’s really an epic cheap-shot.

nationalreview.com

27 27 Replies   16 16 Retweets   26 26 likes

Heriot received her bachelor’s degree at Northwestern University and her law degree at the University of Chicago, according to her official profile. In her professional life after graduation, Heriot worked at law firms in Chicago and D.C. She was also the civil rights counsel to the U.S. Senate Committee on the Judiciary.

She has been a Professor at Law at USD since 1989. On her profile at the American Conservative Union website it notes that she “graduated with [the] highest distinction” from Northwestern. It also says that in her role with the senate judiciary committee, Heriot was an advisor to Orrin Hatch.

  1. This Incident Comes Just Before the Democratic Primary in California Where Bernie Sanders Has Called for an End to Transgender Discrimination

As the issue of transgender bathroom laws continues to grow in America, Democratic presidential candidate Bernie Sanders called for an end to the discrimination of transgender people. While Republican candidate Donald Trump said “I don’t know yet” when he was asked the same question by Jimmy Kimmel in a similar segment.

==

ca ass

Gail Heriot.  Professor of Law, University of San Diego.  

J.D. 

cum laude, University of Chicago Law School, 1981.

B.A. in Political Science, with highest distinction, Northwestern University, 1978.  Commisioner, United States Commission on Civil Rights, 2007 - present. Counsel, Senate Judiciary Committee, 1998.  Associate, Hogan & Hartson LLP, Washington, DC, 1984-1989.  Law Clerk, Illinois Supreme Court.  Interests and publications: civil rights law, election reform, tort reform.  Professor Heriot has written extensively on higher education issues, including race-based admissions policies,in the popular press, including the Wall Street Journal, the Los Angeles Times, the San Diego Union-Tribune, the Washington Times, the National Review and the Weekly Standard. She has testified concerning race-based admissions policies at hearings before both houses of the U.S. Congress. 

==

LI

Gail Heriot

USD Law Prof. & Commissioner at U.S. Comm'n on Civil Rights

Greater San Diego AreaHigher Education

Current

University of San Diego, U.S. Commission on Civil Rights, National Association of Scholars

Previous

George Mason University, United States Senate Committee on the Judiciary, Hogan & Hartson

Education

University of Chicago Law School

Websites

Personal Website

Blog

314

connections

Join LinkedIn and access Gail’s full profile. It’s free!

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Contact Gail directly

View Gail’s Full Profile

Experience

University of San Diego

Professor of Law

University of San Diego

Present

U.S. Commission on Civil Rights

Commissioner

U.S. Commission on Civil Rights

February 2007 – Present (9 years 4 months)

Board Member

National Association of Scholars

2000 – Present (16 years)

George Mason University

Associate Dean of Law School

George Mason University

1998 – 1999 (1 year)

Counsel

United States Senate Committee on the Judiciary

1998 – 1998 (less than a year)

Hogan & Hartson

Associate

Hogan & Hartson

1984 – 1989 (5 years

==

ay, Commissioners Gail Heriot and Peter Kirsanow sent a letter explaining why they had declined to vote for a controversial letter dated January 22, 2016 sent by the six other members of the Commission to President Obama and Secretary of Homeland Security Jeh Johnson.

The original Commission lettercalled upon the Obama Administration to "cease immediately the raids currently being carried out by the Department of Homeland Security (“DHS”) and Immigration and Customs Enforcement (”ICE”) against Central American refugees.” 

The most eye-catching part of the original Commission letter was its reliance upon an article in Russia Today -- a Russian-government funded media organization that has been called “Putin’s magnificent messaging machine”—for its facts.  In relying upon Russia Today, the Commission letter implicitly rejected word of the Department of Homeland Security, whose description of its actions differed from Russia Today’s.  RT meanwhile returned the favor by publishing an article that approvingly cited the Commission letter.

Heriot & Kirsanow had this comment on the Commission’s ill-considered action:

“This is unacceptable.  To give just a taste ofRussia Today’s past missteps,we note that it is infamous for airing conspiracy theories that the United States was behind the September 11 attacks;  for suggesting that Democratic presidential candidate Hillary Clinton is secretly the “Illuminati” candidate; for featuring an obviously forged document in which RAND Corporation officials supposedly advised Ukrainian President Petro Poroshenko to ethnically cleanse eastern Ukraine, bomb it heavily and place locals in internment camps; suggesting that the Rothschilds were behind the disappearance of Malaysia Flight 370; and for airing the prophecies of fringe authors who stated that there was a 55% chance of civil war and that the United States would dissolve into six territories by 2010.“ 

Rather than jumping to conclusions about the legality and propriety of the administration's recent enforcement actions,  the Heriot-Kirsanow letter requested that Homeland Security give more information about the relevant cases. 

Disclosure: I am Gail Heriot's special assistant and counsel at the Commission. I helped Commissioner Heriot with research and drafting for this letter. This blog post reflects my views and my views alone; it does not necessarily represent those of Commissioner Heriot or the U.S. Commission on Civil Rights.

==

wayback

Date of Birth:October 17, 1957

EXPERIENCE:

  1. Professor of Law , University of San Diego School of Law 

1989 - present (promoted to full professor in 1993)

Courses: Torts, Remedies, Employment Discrimination, Civil Rights Law & History, Products Liability, Evidence, Philosophical Foundations of Tort, Contract & Property Law.

  1. Commissioner, United States Commission on Civil Rights

2007 - present

  1. Associate Dean for Academic Affairs & Professor of Law, George Mason University School of Law 1998 - 1999 

Duties: Faculty administrator in charge of faculty and academic programs.

(Held position while on leave from the University of San Diego).

  1. Counsel, United States Senate Committee on the Judiciary

Spring Semester 1998

Duties: Advised Committee Chairman Senator Orrin G. Hatch on civil rights issues and judicial nominations.

(Held position while on leave from the University of San Diego).

  1. Associate, Hogan & Hartson, Washington, D.C. 

1984-1989

Duties: Litigated pharmaceutical products liability, securities, and intellectual property cases in federal and state courts at trial and appellate levels.

  1. Associate, Mayer, Brown & Platt, Chicago, Illinois 

1982- 1983

Duties: General litigation and commercial practice.

  1. Law Clerk, The Honorable Seymour F. Simon, Supreme Court of Illinois

1981 - 1982

BOOKS:

California Dreaming: Race, Gender, Proposition 209 and the Non-Discrimination Principle in Action (editor)(forthcoming).

ACADEMIC & PROFESSIONAL PUBLICATIONS:

Disparate Impact and the Soft Coercion of the Uniform Guidelines on Employee Procedures, SCOTUSBlog, February 23, 2010.

You Know What I’m Thinking, Right?: A Plea for More Viewpoint Diversity, __ J. Legal Ed. __ (2009). (forthcoming).

Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy, Engage 4 (February 2009).

Affirmative Action in American Law Schools, 17 J. Contemp. Legal Issues 237 (2008)(symposium issue).

Parents Involved in Community Schools v. Seattle School District No. 1, in Oxford Guide To United States Supreme Court Decisions (Kermit L. Hall, James W. Ely, Jr. Joel B. Grossman, eds.)(2d ed. 2008).

The Equal Rights Amendment: Back for an Encore Performance? Engage Magazine 29 (February 2008).

Book Review: Jerome Karabel’s The Chosen, Engage Magazine 153 (February 2007).

Are Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars), 84 Wash. U.L.Q. 1113 (2006)(symposium issue).

Aloha, Akaka Bill, Engage Magazine 43 (October 2006).

In Recent Decades, The Confirmation Process Has Been Time Consuming and Sometimes Bitter and Partisan, But It’s Unlikely to Get Better as Long as Justices Are Perceived as Policymakers, San Diego Lawyer Magazine (January-February 2006).

Misdiagnosis: A Comment on “Illness and Injury as Contributors to Bankruptcy” and the Media Publicity Surrounding It, 10 Tex. Rev. L. & Politics 229 (2005).

Comment: Traditionalism and Rationalism in the Courts, 42 San Diego L Rev. 1103 (2005)(symposium issue).

Taking the Michigan Cases Seriously: Thoughts on Grutter v. Bollinger and Gratz v. Bollinger as Law and Practical Politics, 36 Loy. (Chi.) L.J. 137 (2004)(symposium issue).

Symposium on Direct Democracy: An Introduction, 13 J. Contemp. Legal Issues 1 (2004).

Standardized Tests Under the Magnifying Glass: A Defense of the LSAT Against Recent Charges of Bias, 7 Tex. Rev. L. & Politics 467 (2003) (with Christopher T. Wonnell).

Civilizing Punitive Damages: Lessons from Restitution, 36 Loy. (L.A.) L. Rev.869 (2003)(symposium issue).

Strict Scrutiny, Public Opinion and Racial Preferences on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?, 40 Harv. J. Legis. 219 (2003).

Symposium Introduction: Law School Admissions Reform, Academic Questions18 (Winter 2001-02).

The Politics of Admissions in California, Academic Questions 29 (Fall 2001).

The University of California Under Proposition 209, 6 Nexus 163 (2001) (symposium issue).

Book Review: Richard Epstein’s Re-Torts, 3 Green Bag 2d 219 (2000).

Book Review: Daniel A. Farber & Suzanna Sherry’s Beyond All Reason: The Radical Assault on Truth in American Law, Academic Questions 85 (Spring 1999).

California’s Proposition 209 and the United States Constitution, 43 Loyola (New Orleans) L. Rev. 613 (1998) (symposium issue).

Symposium on Law, Human Behavior and Evolution: An Introduction, 8 J. Contemp. Legal Issues 1 (1997).

An Essay on the Civil-Criminal Distinction With Special Reference to Punitive Damages, 7 J. Contemp. Legal Issues 43 (1996) (symposium issue).

Songs of Experience: A Review Essay of Anthony Kronman’s The Lost Lawyer: Failing Ideals of the Legal Profession, 81 Va. L. Rev. 1721 (1995).

The Practical Role of Harm in Criminal Law and the Law of Tort, 1 J. Contemp. Legal Issues 145 (1994) (symposium issue).

The New Feudalism: The Unintended Destination of Contemporary Trends in Employment Law, 28 Ga. L. Rev. 167 (1993).

A Study in the Choice of Form: Statutes of Limitation and the Doctrine of Laches, 1992 B.Y.U.L. Rev. 917 (1993).

Whether Pigs Have Wings, 38 Wayne L. Rev. 31 (1991).

Way Beyond Candor, 89 Mich. L. Rev. 1945 (1991).

SELECTED NEWSPAPER AND MAGAZINE OPINION ESSAYS:

Congress Tries to Break Hawaii in Two, The Wall Street Journal, February 28, 2010 (with Peter Kirsanow).

Hate Bill Threatens Innocent, The Philadelphia Inquirer, July 22, 2009.

The ABA’s “Diversity” Diktat, The Wall Street Journal, April 28, 2008.

Affirmative Action Backfires, The Wall Street Journal, August 24, 2007.

Junk Social Science Index, The Washington Times, July 26, 2007 (with Todd Zywicki).

Bernard H. Siegan: Prophet of the Property Rights Movement, The San Diego Union Tribune, April 9, 2006 (with Maimon Schwarzschild).

Trouble from Paradise: Hawaii’s Divisive Racial Politics Hits the National Agenda, San Diego Union-Tribune, August 28, 2005.

Misdiagnosed: A Medical-Bankruptcy Study Doesn’t Live Up to Its Billing, The National Review (On-Line)(February 11, 2005)(http://www.nationalreview.com/comment/heriot200502110735.asp)

A Supreme Court Decision Upholds Principle of Race Preferences, San Diego Union-Tribune, June 29, 2003.

Racial Preferences Are Wrong, The San Diego Union-Tribune, December 27, 2002

The Reverse Discrimination Dilemma Continues, The San Diego Union-Tribune, May 19, 2002

The Crisis Over Federal Judicial Nominations, The San Diego Union-Tribune, May 8, 2002.

Race, Ethnicity, Airport Security and the Constitution, The San Diego Union-Tribune, October 4, 2001.

Senate Must Not Frighten Off Good Judicial Candidates, The San Diego Union-Tribune, July 26, 2001.

Politics Colors the UC’s Plan to Eliminate the SAT, The San Diego Union-Tribune, March 18, 2001.

That Funny Smell Coming from the Port Plan, The San Diego Union-Tribune, January 30, 2001.

Is Legislative Gridlock a Good Thing? The San Diego Union-Tribune, October 27, 2000.

Problems with Hate Crimes Laws, The San Diego Union-Tribune, July 5, 2000.

Equal Opportunity Works: The End of Racial Preferences in California Has Been An Unheralded Success, The Weekly Standard, April 17, 2000.

Inner City Residents Want to Take Race Out of Crime Fighting, The San Diego Union-Tribune, November 26, 1997.

Doctored Affirmative Action Data, The Wall Street Journal, October 15, 1997.

The Truth About Preferences, The Weekly Standard, July 14, 1997.

It’s the Inner City, Mr. President!, San Diego Union-Tribune, June 17, 1997.

Whither Diversity? UCLA Magazine, September, 1996.

CCRI Is True Affirmative Action Reform, San Diego Union-Tribune, September 6, 1996.

CCRI Opponents Employ Lame Scare Tactic, Orange County Register, September 4, 1996.

Diversity Is More Than Skin Deep, Los Angeles Times, July 14, 1996 (re-printed in the Washington Times, July 24, 1996).

UC Faculty Opposes Preferences, San Diego Union-Tribune, January 26, 1996.

SELECTED TESTIMONYBEFORE GOVERNMENTAL BODIES:

Testimony on the proposed Matthew Shepard Hate Crimes Prevention Act Before the Senate Committee on the Judiciary, June 25, 2009.

Testimony on the proposed Native HawaiianGovernment Reorganization Act Before the House of Representatives Committee on Natural Resources, June 11, 2009.

Testimony on the Fiftieth Anniversary of the Civil Rights Act of 1957 and Its Continuing Importance Before the Senate Committee on the Judiciary, September 5, 2007, available at http://judiciary.senate.gov/testimony.cfm?id=2885&wit_id=6634 .

Testimony on the proposed Native Hawaiian Government Reorganization Act Before the United States Commission on Civil Rights, January 20, 2006.

Testimony on Judicial ActivismBefore the Subcommittee on the Constitution, Federalism and Property Rights, Committee on the Judiciary, United States Senate, July 15, 1997.

Testimony on the Civil Rights Act of 1997 (H.R. 1909) Before the Subcommittee on the Constitution, Judiciary Committee, United States House of Representatives, June 26, 1997.

Testimony on Diversity and the California Civil Rights Initiative Before the Judiciary Committee of the California Senate, September 30, 1996.

SELECTED ACADEMIC AND PROFESSIONAL SPEECHES AND DISCUSSIONS (LAST TEN YEARS):

Discussion Leader, Colloquium: Liberty, Responsibility & the Legal Profession, San Diego, March 26-28, 2009.

Moderator & Symposium Organizer, Federal Sovereignty, State Sovereignty, And TheSovereignty of 562 Native American Tribes: A Match Made In Heaven, Or Somewhere Less Pleasant?, Third Annual Western Conference, Federal Society, Reagan Library, Simi Valley, California, January 24, 2009.

Speaker, Presidential Panel III: Associational Diversity, Annual Meeting, Association of American Law Schools, San Diego, January 8, 2009.

Speaker, Milton Friedman and His Mom, Grassroot Institute, Honolulu, Hawaii, July 30, 2008.

Speaker, How Free Is the University, Speaker, American Freedom Alliance, University of Southern California, June 16, 2008.

Speaker, Hate Crimes: What Is the Proper Federal Role?, The HeritageFoundation, Washington, D.C., May 8, 2008.

Round Table Participant, Law and Liberty in the Judicial Practice of Robert H. Jackson, Sausalito, California, March 13-15, 2008.

Moderator & Symposium Organizer, Direct Democracy: The Courts and the Legislature vs. The People: Who is in Charge?, Second Annual Western Conference, Federal Society, Reagan Library, Simi Valley, California, February 23, 2008.

Speaker, Proposition 209's Effect on Student Admissions, Race and Gender Preferences at the Crossroads, California Association of Scholars, University of Southern California, January 18, 2008.

Speaker, Civil Rights: Amending State and Federal Constitutions to Prevent Sex Discrimination, The Federalist Society National Lawyers Conference, Washington, D.C., November 17, 2007.

Speaker, Grutter and Beyond, Southeast Association of American Law Schools Annual Meeting, Amelia Island, Florida, July 31, 2007.

Speaker, Lewis F. Powell Symposium: Panel on Diversity in Higher Education, Washington & Lee University, National Press Club, Washington, D.C., April 6, 2007 (broadcast on C-Span), available at http://law.wlu.edu/powell/.

Discussion Leader, Colloquia: The Federalists, the Anti-Federalists, and the Constitution They Created, San Diego, March 9-11, 2006, March 8-10, 2007 and January 24-26, 2008 .

Round Table Participant, The Ethics and Economics of Legal Education, Journal of Contemporary Legal Issues, University of San Diego, February 23-24, 2007.

Interviewer, An Interview with Edwin Meese, III, First Annual Western States Conference: The Legacy of the Department of Justice Under Attorney General Edwin Meese, III, Federalist Society, Reagan Library, Simi Valley, California, January 27, 2007.

Speaker, “The Accrediting Process and Diversity Standards,” What Works in Higher Education: A Report from the Front: The Twelfth National Conference of the National Association of Scholars, Boston Mass, November 18, 2006.

Round Table Participant, Conference on Same-Sex Marriage, Institute for Marriage and Public Policy, George Mason University Law School, Arlington, Va., May 13, 2006.

Speaker & Conference Participant, Are Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars), Bloggership: How Blogs Are Transforming Legal Scholarship, The Berkman Center for Internet & Society, Harvard Law School, Cambridge, Mass, April 28, 2006.

Round Table Participant, The Hoover-Roosevelt Debate, Pasadena, California, April 7-9, 2005.

Discussion Leader, Colloquium: The Federalist Papers, San Diego, December 2-4, 2004.

Round Table Participant, Colloquium on Three Comedies of Shakespeare, Law & Liberty, Savannah, Georgia, November 18-20, 2004.

Speaker, Grutter and Gratz Revisited, Eleventh National Conference of the National Association of Scholars, New York, May 22, 2004.

Speaker, Race in Education Policy: A Constitutional Examination, Loyola University of Chicago Law Journal Conference, Loyola University of Chicago, Chicago, March 13, 2004.

Moderator and Panel Organizer, Conservatism and Academia, National Association of Scholars (Law Section), Atlanta, Georgia, January 4, 2004.

Moderator and Panel Organizer, Direct Democracy, The Federalist Society (Faculty Division), Atlanta, Georgia, January 4, 2004.

Speaker, Back to Bakke, The Federalist Society, National Lawyers Conference, Washington, D.C., November 15, 2003.

Moderator & Editor, Journal of Contemporary Legal Issues, Symposium on Direct Democracy, USD, June 6-7, 2003

Speaker, First Michigan Conference on Racial & Ethnic Fairness in the Legal System, State Bar of Michigan Open Justice Commission and the National Consortium on Racial and Ethnic Fairness in the Courts, Detroit, Michigan, April 11, 2003.

Speaker, Debate: Election Reform, Common Cause, of San Diego County, USD Institute for Peace and Justice, April 5, 2003.

Speaker, Panel on Federalism & Feminism: Should American Women Embrace or Distrust Federalist Principles, Independent Women’s Forum, Georgetown University, October 11, 2002 (reprinted in on-line Engage Magazine).

Round Table Participant, The Works of Adam Smith, Holland, Michigan, August12-18, 2002.

Round Table Participant, Forum on Remedies, Washington & Lee University School of Law, Lexington, Virginia, April 26-27, 2002.

Round Table Participant, The Structure of Liberty, Whistler, British Columbia, Canada, April 18-20, 2002.

Speaker, Affirmative Action in Higher Education, Harvard Journal on Legislation Symposium, Harvard University, Cambridge, Massachusetts, March 12, 2002.

Speaker, Panel on Racial Profiling, Conference on Public Service and the Law, University of Virginia, Charlottesville, Virginia, February 16, 2002.

Round Table Participant, Free Market Environmentalism in Theory and Practice, San Francisco, January 31 - February 2, 2002.

Moderator & Section Chair, Contemporary Issues in Remedies, AALSNational Conference, New Orleans, January 6, 2002.

Moderator & Panel Organizer, The Law School Behemoth, National Association of Scholars -- Law Section Annual Meeting, New Orleans, January 4, 2002.

Discussion Leader, Conference on the Fortieth Anniversary of Hayek’s The Constitution of Liberty, USD, November 30 - December 2, 2001.

Speaker, The Future of Racial Preferences: Is the Issue on the Brink of Resolution at Last?, Federalist Society National Lawyers’ Convention, Washington, D.C., November 17, 2001.

Round Table Participant, First Annual Forum on Civil Rights Issues, American Civil Rights Institute Conference, Ronald Reagan Library, Simi Valley, California, June 28, 2001.

Round Table Participant, Hate Crime Legislation, University of San Diego Institute for Law and Philosophy, March 2-3, 2001.

Speaker, In the Twilight of Racial Preferences: Diversity and Affirmative Action in Student Admissions, Ninth National Conference of the National Association of Scholars, New York, January 13, 2001.

Moderator & Editor, Law School Admissions in the Post Affirmative Action Age: the LSAT on Trial, National Association of Scholars-Law Section Annual Meeting, San Francisco, January 6, 2001, published in Academic Questions (Winter 2001-02).

Speaker, Democracy in California: Sesquicentennial Reflections on Equality and Liberty in the Golden State, Claremont McKenna College, Claremont, California, October 27-28, 2000.

Speaker, California After Proposition 209, Meeting of the Executive Council of the ABA Section on Business Law, Carlsbad, California, January 15, 2000.

Speaker, Eleventh Annual Envisioning California Conference, Center for California Studies, California State University--Sacramento, Sacramento, California, September 24, 1999.

Panelist, Affirmative Action, American Bar Association, Annual Convention, Atlanta, August 8, 1999.

Moderator, Political Discrimination in Academic Hiring and Academic Freedom, Eighth National Conference of the National Association of Scholars, Law Section Panel, Chicago, April 17, 1999.

Round Table Participant, Conference on the Thought of Edmund Burke, Institute for Law and Philosophy, University of Pennsylvania, Philadelphia, February 12-13, 1999.

Speaker, State Initiatives in Civil Rights Laws, Federalist Society National Lawyers’ Convention, Washington, D.C., November 12, 1998.

Speaker, Affirmative Action in Management, Academy of Management, Annual Conference, San Diego, August 11, 1998.

Speaker, California Summit on Race, Stanford University, January 30, 1998.

Round Table Participant, Colloquium on Self-Defense Liberty and Responsibility, Easton, Maryland, May 1-4, 1997.

Speaker, Conference on Race and American Constitutionalism, Loyola University of New Orleans School of Law, New Orleans, March 13-15, 1997.

OTHER ACTIVITIES:

Chair, California State Advisory Committee to the U.S. Commission on Civil Rights (since 2006).

Chair, Executive Committee on Civil Rights, Federalist Society (since 2005)(member since 1998)

Chair, Association of American Law Schools Section on Remedies (2001-2002).

Board of Directors, Adam Smith of California (2001- 2006 ).

Member, Committee on the Faculty Division Annual Meeting, Federalist Society (since 2000).

Treasurer, California Association of Scholars (2000-2007).

Chair, Law Section, National Association of Scholars (since 2000).

Founder & Director, USD Entrepreneurship Clinic Project (2000).

Board of Directors, National Association of Scholars (since1997).

Legal Affairs Council Member, American Civil Rights Institute (since 1997).

Statewide Co-Chair, Proposition 209 Campaign (1996).

Board of Directors, California Association of Scholars (since 1996).

EDUCATION: 

University of Chicago Law School–J.D. 1981 cum laude

(In 1981, cum laude was awarded to the top 9% of the class.)

Honors: Order of the Coif, Associate Editor, University of Chicago Law Review.

Comment: Civil Discovery of Grand Jury Documents, 46 U. Chi. L. Rev. 604 (1980)

Northwestern University–B.A. 1978 with highest distinction

(In 1978, highest distinction was awarded to the top 1% or 2% of the class.)

Major: Political Science with minor concentrations in economics and art history.

Honors: Phi Beta Kappa; Three-Year B.A. Program Participant, Alpha Lambda Delta Honor Society

Revised 4/23/09