In 1977, the federal government issued Statistical Directive No. 15, establishing America’s official racial and ethnic classifications: black, white, Hispanic, Asian, and Native American. The purpose ...

[I'm reposting this because the linked article disappeared from SSRN's website soon after I posted it, until a copyright permission issue was resolved.] My article, Students for Fair Admissions and ...

Heartland’s Tim Benson is joined by David E. Bernstein, University Professorship chair at the Antonin Scalia Law School at George Mason University, to discuss his new book, Classified: The Untold ...

This is my new article, forthcoming in the SMU Law Review. Larry Solum's legal blog says its "highly recommended," and you can download it here. Meanwhile, here is the abstract: Hundreds of law review ...

MEASUREMENT OF RACE HAS BEEN A CRITICAL PART of census-taking from the first census in 1790; measurement of ethnicity and national origin in one or another form goes back to the 1850 census. Today, ...

Race-conscious affirmative action, in which schools consider applicants’ race as a factor in admissions, has traditionally been treated as a form of “racial classification.” The first time that the ...

Later this month, the Court is set to decide a pair of cases in which the plaintiffs, members of a group called Students for Fair Admissions (SFFA), allege that Harvard’s and the University of North ...

A majority on the US Supreme Court unraveled decades of case law on affirmative action this June when they found that Harvard University and the University of North Carolina’s use of race as a factor ...

President Cyril Ramaphosa’s clarifying of government’s position on race-based terminology in official records has ignited debate over the country’s progress in redressing the injustices of the past.