Gail L. Heriot

University of San Diego School of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

Manhattan Institute

Book Fellow

52 Vanderbilt Avenue

New York, NY 10017

United States

U.S. Commission on Civil Rights

Commissioner

1331 Pennsylvania Avenue, N.W.

Suite 1150

Washington, DC 20425

SCHOLARLY PAPERS

71

DOWNLOADS
Rank 891

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Top 891

in Total Papers Downloads

39,796

SSRN CITATIONS
Rank 27,314

SSRN RANKINGS

Top 27,314

in Total Papers Citations

25

CROSSREF CITATIONS

8

Scholarly Papers (71)

1.

Want to Be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg Up May Hurt Your Chances

Engage, 2010, San Diego Legal Studies Paper
Number of pages: 8 Posted: 30 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 3,559 (4,396)

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affirmative action, race, STEM, higher education, race-preferential admissions, race discrimination, science, engineering, medical school, mismatch, college major choice, diversity

2.

The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong For Students and Teachers, Wrong on the Law

Texas Review of Law & Politics, Forthcoming, San Diego Legal Studies Paper No. 18-321
Number of pages: 97 Posted: 19 Jan 2018 Last Revised: 26 Jun 2018
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 3,041 (5,765)

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School discipline, suspension, disparate impact, Title VI, Department of Education, guidance, Dear Colleague Letter

3.

Statement of Commissioner Gail Heriot

San Diego Legal Studies Paper No. 20-442
Number of pages: 26 Posted: 08 Apr 2020
Gail L. Heriot
University of San Diego School of Law
Downloads 2,649 (7,175)

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Stand Your Ground, Commission On Civil Rights, Self Defense, Trayvon Martin, Civil Rights, Self Defense, Castle Doctrine, Duty To Retreat.

4.

Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal

San Diego Legal Studies Paper Forthcoming, 14 N.Y.U. J. L. & Liberty 1 (2020)
Number of pages: 170 Posted: 08 Nov 2019 Last Revised: 06 Jan 2021
Gail L. Heriot
University of San Diego School of Law
Downloads 2,572 (7,536)

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Title VII, Civil Rights Act of 1964, disparate impact, criminal background, EEOC, Griggs, Ricci, equal protection, due process, civil rights, employment discrimination, discretion, Civil Rights Act of 1991

5.

The Roots of Wokeness: Title VII Damage Remedies as Potential Drivers of Attitudes Toward Identity Politics and Free Expression

San Diego Legal Studies Paper 22-001, Texas Review of Law & Politics, Forthcoming
Number of pages: 62 Posted: 15 Feb 2022 Last Revised: 22 Feb 2022
Gail L. Heriot
University of San Diego School of Law
Downloads 2,543 (7,673)

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Title VII, harassment, Civil Rights Act of 1991, free expression, identity politics, civil rights, racial harassment, sexual harassment, retaliation, attorneys’ fees, wokeness, remedies

A 'Dubious Expediency': How Race-Preferential Admissions Policies on Campus Hurt Minority Students

The Heritage Foundation, Special Report No. 167 (2015), San Diego Legal Studies Paper No. 17-242
Number of pages: 40 Posted: 27 Dec 2016 Last Revised: 05 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 2,177 (9,642)

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affirmative action, mismatch

A 'Dubious Expediency': How Race-Preferential Admissions Policies on Campus Hurt Minority Students

San Diego Legal Studies Paper, Forthcoming
Number of pages: 83 Posted: 10 May 2022
Gail L. Heriot
University of San Diego School of Law
Downloads 294 (144,801)

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affirmative action, mismatch

7.

Misdiagnosis: A Comment on 'Illness and Injury as Contributors to Bankruptcy' and the Media Publicity Surrounding It

Texas Review of Law & Politics, Vol. 10, No. 1, 2006, San Diego Legal Studies Paper
Number of pages: 18 Posted: 22 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 2,301 (8,940)

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bankruptcy, medical bills, health insurance

8.
Downloads 1,926 (12,007)
Citation 1

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school discipline, race, disabilities, rates of misbehavior, civil rights, Commission on Civil Rights

9.

The Sausage Factory

A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild, eds. 2021)., San Diego Legal Studies Paper No. 22-003
Number of pages: 41 Posted: 14 Apr 2022 Last Revised: 19 Apr 2022
Gail L. Heriot and Carissa Mulder
University of San Diego School of Law and Independent Researcher
Downloads 1,673 (15,016)

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diversity, affirmative action, Grutter deference, college admissions, higher education, race-preferential admissions, race discrimination, accreditation.

10.

Dissenting Statement of Commissioner Gail Heriot in In the Name of Hate: Examining the Federal Government's Role in Responding to Hate Crimes, a Report of the U.S. Commission on Civil Rights

San Diego Legal Studies Paper No. 19-422
Number of pages: 22 Posted: 13 Nov 2019
Gail L. Heriot
University of San Diego School of Law
Downloads 1,078 (28,868)

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Hate crimes, hoaxes, double jeopardy, Commission on Civil Rights, Southern Poverty Law Center, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

11.

Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias

Royal Society Open Science, 2018, San Diego Legal Studies Paper No. 18-355
Number of pages: 12 Posted: 03 Aug 2018
Hal Pashler and Gail L. Heriot
University of California, San Diego (UCSD) - Department of Psychology and University of San Diego School of Law
Downloads 1,076 (28,945)

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judgement, motivated reasoning, political psychology

12.

Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in U.S. Commission on Civil Right Report: Racial Disparities on Maternal Health

San Diego Legal Studies Paper 21-028
Number of pages: 20 Posted: 16 Sep 2021 Last Revised: 13 Oct 2021
Gail L. Heriot
University of San Diego School of Law
Downloads 985 (32,839)

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Maternal Mortality, Racial Disparities, Mortality Rates, Commission on Civil Rights

13.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report, 'with Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities'

San Diego Legal Studies Paper No. 17-246
Number of pages: 57 Posted: 12 Jan 2017
University of San Diego School of Law and University of San Diego School of Law
Downloads 925 (35,886)

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immigration, immigration detention, immigration detention centers, civil rights, private prisons, commission on civil rights, maggots, government reports, detainees

14.

Brief of Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights in Their Capacities as Private Citizens as Amici Curiae in Support of Petitioner in Gloucester County School Bd. v. G.G. (Merits Stage)

San Diego Legal Studies Paper No. 17-253
Number of pages: 40 Posted: 01 Feb 2017 Last Revised: 02 Feb 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 867 (39,329)

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Title IX, Transgender, Department of Education, Supreme Court, Gloucester County School Board v. G.G., Toilets, Locker Rooms, Showers, Sex Discrimination, Auer v. Robbins

15.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ report, Police Use of Force: An Examination of Modern Policing Practices

San Diego Legal Studies Paper No. 18-368
Number of pages: 17 Posted: 16 Nov 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 783 (45,081)
Citation 1

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Law enforcement, criminal justice, police procedures, race, use of force, punishment, Ferguson effect

Downloads 385 (108,007)
Citation 5

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Accreditation, affirmative action, Asian Americans, diversity, Grutter v. Bollinger, neo-segregation, race-preferential admissions, Students for Fair Admissions

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Accreditation, affirmative action, Asian Americans, diversity, Grutter v. Bollinger, neo-segregation, race-preferential admissions, Students for Fair Admissions

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Native Hawaiians, tribe, Hawaii, Indian law, equal protection, race discrimination, Commission on Civil Rights, race

18.

Commissioner Statement of Gail Heriot in the U.S. Commission on Civil Rights' Report 'Patient Dumping'

San Diego Legal Studies Paper No. 17-250
Number of pages: 19 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 629 (60,102)

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Emergency Medical Treatment and Labor Act, EMTALA, Hospitals, Charity Hospitals, U.S. Commission on Civil Rights, Patient Dumping, Emergency Rooms, Urgent Care

19.

Affirmative Action for Men?: Strange Silences and Strange Bedfellows in the Public Debate Over Discrimination Against Women in College Admissions

Engage: Volume 12, Issue 3
Number of pages: 9 Posted: 29 Dec 2016
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 498 (80,582)

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Affirmative action, college admissions, women, men, Title IX

20.

Working Backwards: How Employment Regulation Hurts Unemployed Millennials

Harvard Journal of Law and Public Policy, Vol. 38, No. 781, 2015
Number of pages: 7 Posted: 10 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 475 (85,233)

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employment law, minimum wage, internships, youth unemployment, overregulation

21.
Downloads 461 (88,366)

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Environmental Justice, Environmental Racism, Title VI, EPA, Commission on Civil Rights, Coal Ash, Environmentalism, Disparate Impact, Landfill, Toxic Racism, Public Utility, Racial Minorities, Waste Disposal, Toxicology, Epidemiology, Hazardous Waste

22.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights, in Support of Petitioner in Randy Joe Metcalf V. United States (Cert Stage)

San Diego Legal Studies Paper No. 18-352
Number of pages: 36 Posted: 24 Jul 2018
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 430 (95,812)

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hate crimes, 13th Amendment, Congress, badges and incidents, race, Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

23.
Downloads 428 (96,317)
Citation 1

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Schuette v. BAMN, Affirmative Action

24.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report 'Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties'

San Diego Legal Studies Paper No. 17-249
Number of pages: 45 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 403 (103,207)
Citation 1

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U.S. Commission on Civil Rights, Free Exercise, Religious Liberty, Religious Freedom Restoration Act, First Amendment, Civil Rights, Adoption, Civil Society, LGBT Rights, Transgender

25.

Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in Report of the U.S. Commission on Civil Rights: Subminimum Wages: Impact on the Civil Rights of People with Disabilities.

San Diego Legal Studies Paper No. 20-468
Number of pages: 7 Posted: 17 Sep 2020
Gail L. Heriot
University of San Diego School of Law
Downloads 402 (103,522)

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Minimum Wage, Subminimum Wage, Down syndrome, Fair Labor Standards Act, Commission On Civil Rights, Section 14(c).

26.

Affirmative Action in American Law Schools

Journal of Contemporary Legal issues, Vol. 17, 2008, San Diego Legal Studies Paper No. 08-041
Number of pages: 45 Posted: 22 Jul 2008
Gail L. Heriot
University of San Diego School of Law
Downloads 394 (105,965)

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affirmative action, Commission on Civil Rights, Law Schools, Student Admissions, Diversity

27.

Apprenticeships: Useful Alternative, Tough to Implement

Cato Institute Policy Analysis No. 805
Number of pages: 16 Posted: 01 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 387 (108,206)

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Education policy, college, employment

28.

The Politics of Admissions in California

San Diego Legal Studies Paper
Number of pages: 8 Posted: 09 May 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 377 (111,430)
Citation 1

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Proposition 209, affirmative action, race-preferential admissions, race, admissions, California

29.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report, 'Time for Congress to Enact Federal Legislation to Address Workplace Discrimination Against Lesbian, Gay, Bisexual and Transgender Americans.'

San Diego Legal Studies Paper No. 19-376
Number of pages: 31 Posted: 05 Feb 2019 Last Revised: 04 Jul 2021
Gail L. Heriot
University of San Diego School of Law
Downloads 369 (114,163)

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U.S. Commission on Civil Rights, employment discrimination, ENDA, Employment Non-Discrimination Act

30.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report on Public Education Inequity in an Era of Increasing Concentration of Poverty and Resegregation

San Diego Legal Studies Paper No. 18-322
Number of pages: 15 Posted: 18 Jan 2018 Last Revised: 20 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 367 (114,840)
Citation 1

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education finance, school finance, civil rights

31.

Statement of Commissioner Gail Heriot on the U.S.Commission on Civil Rights Report 'Sex Trafficking: A Gender-Based Violation of Civil Rights'

San Diego Legal Studies Paper No. 17-245
Number of pages: 30 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 322 (132,369)

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sex trafficking, human trafficking, prostitution, sexual slavery, slavery, sex discrimination, juvenile delinquency

32.

It’s Time for the Executive Branch to Conduct a 'Disparate Impact Inventory': Remarks at the Federalist Society's Sixth Annual Executive Branch Review, April 17, 2018, Washington, D.C.

San Diego Legal Studies Paper No. 18-347
Number of pages: 12 Posted: 21 May 2018 Last Revised: 05 Jun 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 321 (132,780)

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Disparate Impact, Griggs v. Duke Power, Ricci v. DeStefano

33.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights Report, Trauma at the Border: The Human Cost of Inhumane Immigration Policies

San Diego Legal Studies Paper No. 19-420
Number of pages: 7 Posted: 29 Oct 2019
Gail L. Heriot
University of San Diego School of Law
Downloads 288 (148,776)

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immigration, immigration detention, immigration detention centers, civil rights, private prisons, commission on civil rights, maggots, government reports, detainees

34.

The Defeat of Proposition 16 in California and Mr. Dooley: Should the Supreme Court Take Note of “Th’ Iliction Returns” the Next Time It Addresses Race-Preferential Admissions Policies?

22 Fed. Soc. Rev. 72 (2021), San Diego Legal Studies Paper No. 21-012
Number of pages: 17 Posted: 29 Mar 2021 Last Revised: 22 Apr 2021
Gail L. Heriot and Alexander M. Heideman
University of San Diego School of Law and Independent
Downloads 235 (181,861)

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Affirmative action, Grutter v. Bollinger, race-preferential admissions, Proposition 209, Proposition 16, strict scrutiny, Students for Fair Admissions.

35.
Downloads 233 (183,278)
Citation 2

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EEOC, ban the box, criminal background checks, Title VII, disparate impact, ex-offenders reintegration, race discrimination, Equal Employment Opportunity Commission, Commission on Civil Rights, criminal records, employment discrimination

36.

Dissenting Statement of Commissioner Gail Heriot

San Diego Legal Studies Paper No. 20-436
Number of pages: 9 Posted: 20 Feb 2020
Gail L. Heriot
University of San Diego School of Law
Downloads 231 (184,825)
Citation 2

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First Amendment, free expression, Title IX, sexual harassment, Commission on Civil Rights, civil right

37.

Dissenting Statement of Commissioners Gail Heriot and Peter Kirsanow in the Report of the U.S. Commission on Civil Rights: Increasing Compliance with Section 7 of the National Voter Registration Act

San Diego Legal Studies Paper No. 18-371
Number of pages: 27 Posted: 23 Dec 2018
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 220 (193,634)
Citation 1

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Election law, National Voter Registration Act, NVRA, voter registration, compromise, package deal, bipartisanship

38.
Downloads 178 (234,129)

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law enforcement, rule of law,

39.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report on English-Only Policies in the Workplace

San Diego Legal Studies Paper No. 17-248
Number of pages: 21 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 173 (239,901)

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Employment Discrimination, English Only, Title VII, EEOC, National Origin, Language Discrimination, Employment Practices, U.S. Commission on Civil Rights

40.
Downloads 168 (245,836)

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Commission on Civil Rights, voter intimidation, New Black Panther Party, voting rights, Department of Justice, civil rights, race, Civil Rights Division, race neutrality

41.

Brief Amici Curiae of Gail Heriot and Peter Kirsanow in Support of Petitioners in Texas Department of Housing and Community Affairs V. Inclusive Communities Project, Inc.

Number of pages: 47 Posted: 05 Jan 2017
Gail L. Heriot and Anthony T Caso
University of San Diego School of Law and Chapman University, The Dale E. Fowler School of Law
Downloads 165 (249,605)
Citation 5

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EEOC, HUD, Equal Employment Opportunity Commission, Fair Housing Act, Title VII, Department of Housing and Urban Development, disparate impact, criminal background checks, ban the box,

42.

Sleeping Giant?: Section Two of the Thirteenth Amendment, Hate Crimes Legislation, and Academia's Favorite New Vehicle for the Expansion of Federal Power

Engage: Volume 13, Issue 3
Number of pages: 10 Posted: 29 Dec 2016
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 151 (268,523)

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Hate Crimes, 13th Amendment, Congress, badges and incidents, race

43.

Commissioner Gail Heriot Statement and Rebuttal in the U.S. Commission on Civil Rights’ An Assessment of Minority Voting Rights Access in the United States

San Diego Legal Studies Paper No. 18-361
Number of pages: 21 Posted: 14 Sep 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 145 (277,421)

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voting rights, elections, preclearance, Shelby County v. Holder, disfranchisement, voter ID, felon voting.

44.

Dissenting Statement of Gail Heriot in the Report of the U.S. Commission on Civil Rights: Broken Promises: Continuing Federal Funding Shortfall for Native Americans

San Diego Legal Studies Paper No. 18-370
Number of pages: 22 Posted: 23 Dec 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 136 (291,628)

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Native Hawaiians, Akaka Bill, Indian law, Native Americans, tribal law, equal protection, sovereignty, Hawaii

45.

Statement of Commissioner Gail Heriot in the Report of the U.S. Commission on Civil Rights on the Multiethnic Placement Act: Minorities in Foster Care and Adoption

Statement of Commissioner Gail Heriot in the U.S Commission on Civil Rights’ Report, the Multiethnic Placement Act: Minorities in Foster Care and Adoption, 2010
Number of pages: 11 Posted: 24 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 124 (312,529)

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The Multiethnic Placement Act, adoption, interracial, race discrimination, cultural genocide, foster parents, foster care, Commission on Civil Rights

46.

Statement of Commissioner Gail Heriot in The Civil Rights Implications of Cash Bail, a Report of the U.S. Commission on Civil Rights

San Diego Legal Studies Paper 21-031
Number of pages: 11 Posted: 11 Nov 2021 Last Revised: 22 Jan 2022
Gail L. Heriot
University of San Diego School of Law
Downloads 122 (316,245)

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Commission on Civil Rights, bail reform, cash bail, defund the police

47.

The Sad Irony of Affirmative Action

The Sad Irony of Affirmative Action, National Affairs (Winter 2013)
Number of pages: 16 Posted: 10 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 98 (367,174)
Citation 1

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race, affirmative action, diversity, race-preferential admissions, race-conscious admissions, college admissions, mismatch

48.
Downloads 86 (398,097)
Citation 1

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Title VII, criminal background checks, ban the box, employment discrimination, ex-offender reintegration, disparate impact, Congress, Equal Employment Opportunity Commission, employment discrimination, conviction records

49.

Civil Rights: Lights, Camera, Legislation: Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy

Engage: Volume 10, Issue 1
Number of pages: 4 Posted: 29 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 80 (415,285)

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double jeopardy, hate crimes, federal crimes

50.

Brief of Amici Curiae Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights, in Their Capacities as Private Citizens, in Support of the Reversal of Appellant's Conviction in United States v. Metcalf

San Diego Legal Studies Paper No. 17-244
Number of pages: 42 Posted: 31 Dec 2016 Last Revised: 09 Jan 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 79 (418,277)

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hate crimes, 13th Amendment, Congress, badges and incidents, race, Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

51.

The Equal Rights Amendment: Back for an Encore Performance?

Engage, 2008, San Diego Legal Studies Paper
Number of pages: 4 Posted: 30 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 75 (430,740)

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Equal Rights Amendment, sex discrimination, bona fide occupational qualification

52.

Are Modern Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars...)

Berkman Center for Internet & Society - Bloggership: How Blogs are Transforming Legal Scholarship Conference, San Diego Legal Studies Paper No. 07-50
Number of pages: 15 Posted: 21 Apr 2006 Last Revised: 19 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 68 (453,900)

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53.

Testimony Before the U.S. House of Representatives Task Force on Executive Overreach

San Diego Legal Studies Paper No. 17-276
Number of pages: 22 Posted: 04 Jan 2017 Last Revised: 13 Apr 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 65 (464,400)

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Executive Overreach, Non-Delegation Doctrine, Administrative Procedure, Department of Education, Transgender

54.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report on Targeted Fines and Fees Against Communities of Color: Civil Rights and Constitutional Implications

San Diego Legal Studies Paper No. 18-323
Number of pages: 21 Posted: 22 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 64 (468,083)
Citation 3

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fine, fees, municipal finance, civil rights, race discrimination, equal protection

55.

Statement of Commissioners Gail Heriot and Peter N. Kirsanow in the U.S. Commission on Civil Rights: Report on Collateral Consequences of Felony Convictions.

San Diego Legal Studies Paper No. 19-387, 2019
Number of pages: 10 Posted: 18 Jun 2019
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 60 (483,191)

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U.S. Commission on Civil Rights, civil rights, criminal convictions, voting rights, collateral consequences, felon disfranchisement

56.

Testimony of Gail Heriot Professor of Law, University of San Diego & Member, U.S. Commission on Civil Rights Before the Appropriations Committee of the California Assembly on ACA-5 June 2, 2020

San Diego Legal Studies Paper No. 20-453
Number of pages: 4 Posted: 04 Jun 2020
Gail L. Heriot
University of San Diego School of Law
Downloads 55 (502,914)

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Proposition 209, appropriations, ACA-5, public contracting

57.

Strict Scrutiny, Public Opinion, and Affirmative Action on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?

Harvard Journal on Legislation, Vol. 40, No. 219, 2003
Number of pages: 18 Posted: 16 Feb 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 52 (515,563)

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affirmative action, strict scrutiny, college admissions, race-preferential admissions, diversity, equal protection, Grutter v. Bollinger, public opinion, race discrimination

58.
Downloads 46 (542,635)

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Department of Education, School Discipline, Disparate Impact, Title VI, Office for Civil Rights, School-To-Prison Pipeline, Commission on Civil Rights, Punishment, Race Discrimination

59.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report, Peer-to-Peer Violence and Bullying: Examining the Federal Response

Peer-to-Peer Violence and Bullying: Examining the Federal Response, September 2011, San Diego Legal Studies Paper No. 18-336
Number of pages: 34 Posted: 22 Mar 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 42 (562,224)

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bullying, cy pres, Title VI, harassment

60.

Brief of Amici Curiae Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights, in Their Capacities as Private Citizens in Support of Petitioner in Gloucester County School Board v. G. G. (Petition Stage)

San Diego Legal Studies Paper No. 17-279
Number of pages: 32 Posted: 31 Dec 2016 Last Revised: 13 Apr 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 37 (588,335)

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Title IX, transgenderism, transgender, sex, gender, education policy, Gloucester County School Board v. G.G.

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Diversity, Higher Education, Political Correctness, Trigger Warnings, Intellectual Diversity, Ideological Diversity, Conservatism, Title IX, Hate Speech Codes, Universities, Legal Education, Law Schools

62.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights, in Their Private Capacities, in Support of Petitioner in Shea V. Kerry

San Diego Legal Studies Paper No. 17-275
Number of pages: 32 Posted: 05 Jan 2017 Last Revised: 13 Apr 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 32 (617,148)

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Title VII, affirmative action, federal employment, race-prefential hiring, diversity, textualism, plain meaning

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civil rights, Commission on Civil Rights, Civil Rights Division, Civil Rights Act of 1957, civil rights legislation

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Schuette, Michigan Civil Rights Initiative, Affirmative Action, Diversity, Voter Initiative, Direct Democracy, Political Re-Structuring, Race, College Admissions, Local Government

65.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report, Enforcing Religious Freedom in Prison

San Diego Legal Studies Paper
Number of pages: 13 Posted: 24 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 25 (663,640)

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religion, prisons, Religious Freedom Restoration Act, RFRA, RLUIPA, Religious Land Use and Institutionalized Persons Act, Free Exercise, PLRA, Prison Litigation Reform Act

66.

Fisher V. University of Texas: The Court (Belatedly) Attempts to Invoke Reason and Principle

Number of pages: 31 Posted: 29 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 22 (686,251)

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affirmative action, Fisher v. University of Texas (2013), college admissions, equal protections, strict scrutiny

67.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights Report on Minorities in Special Education

Number of pages: 5 Posted: 01 Feb 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 20 (701,725)
Citation 1

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Special Education, Disparate Impact, Commission on Civil Rights, Racial Disproportionality, Single Parenthood, Race Discrimination

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Affirmative Action, Diversity, Race-Preferential Admissions, Race-Conscious Admissions, College Admissions, College Major, STEM, Science, Engineering, Mismatch

69.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Member of the United States Commission on Civil Rights, in Support of Petitioner in Fisher V. University of Texas (Fisher II Merits Stage)

San Diego Legal Studies Paper No. 17-252
Number of pages: 53 Posted: 25 Jan 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 16 (734,436)

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strict scrutiny, narrow tailoring, affirmative action, college admissions, diversity.

70.
Downloads 15 (743,185)

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Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, Matthew Shepard Hate Crimes Prevention Act, Hate Crime, Bias Crime, Federalization of Crime, Double Jeopardy, Dual Sovereignty Rule

71.

An Essay on the Civil-Criminal Distinction with Special Reference to Punitive Damages

Journal of Contemporary Legal issues, Vol. 7, No. 1, 1996, San Diego Legal Studies Paper Forthcoming
Number of pages: 27 Posted: 30 Mar 2022
Gail L. Heriot
University of San Diego School of Law
Downloads 5 (840,386)

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Punitive damages

Other Papers (1)

Total Downloads: 9
1.

'Aloha!' Akaka Bill

Engage Vol 7, issue 2, 2006
Number of pages: 3 Posted: 31 Dec 2016 Last Revised: 01 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 9

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Native Hawaiians, Indian law, Hawaii, Native Americans, Akaka bill, Fifteenth Amendment, equal protection, race, ethnicity, Native Hawaiian Government Reorganization Act