Gail L. Heriot

University of San Diego School of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

SCHOLARLY PAPERS

47

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CITATIONS

1

Scholarly Papers (47)

1.

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 215 (86,514)

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

2.

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
Gail L. Heriot
University of San Diego School of Law
Downloads 0 (565,041)

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

3.

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 0 (572,608)

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

4.

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 0 (549,199)

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bullying, cy pres, Title VI, harassment

5.
Downloads 0 (210,861)

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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

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

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

8.

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 0 (496,841)

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

9.

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 0 (475,557)

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Equal Rights Amendment, sex discrimination, bona fide occupational qualification

10.

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 0 (32,207)

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

11.
Downloads 0 (559,303)

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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

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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

13.

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 0 (559,303)

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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

14.

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 0 (412,820)

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

15.

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 0 (549,199)

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

16.

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 0 (121,056)

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bankruptcy, medical bills, health insurance

17.

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: 73 Posted: 19 Jan 2018
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Unaffiliated Authors - Independent
Downloads 0 (15,982)

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

18.

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 0 (209,580)

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education finance, school finance, civil rights

19.

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 0 (523,703)

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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

21.

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 0 (248,636)

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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

22.
Downloads 0 (425,388)

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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

23.

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 Unaffiliated Authors - Independent
Downloads 0 (518,368)

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

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

25.
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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

26.

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 0 (444,163)

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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

27.

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 0 (291,846)

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

28.

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 0 (229,257)

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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

29.

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 0 (197,046)

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

30.

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 0 (491,609)

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

31.
Downloads 0 (459,557)

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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

32.

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 0 (185,772)

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

33.

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 0 (454,351)

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

34.
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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

35.

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 0 (439,200)

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

36.

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 0 (416,830)

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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,

37.

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 0 (358,983)

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

38.

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 0 (296,408)

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

39.

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 0 (439,200)

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

40.

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 0 (512,910)

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

41.

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 Unaffiliated Authors - Independent
Downloads 0 (236,988)

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

42.

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 Unaffiliated Authors - Independent
Downloads 0 (119,520)

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

43.

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 0 (358,983)

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double jeopardy, hate crimes, federal crimes

44.
Downloads 0 (142,066)

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Schuette v. BAMN, Affirmative Action

45.

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 0 (50,984)

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affirmative action, mismatch

46.

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 0 (135,470)

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Education policy, college, employment

47.

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 0 (559,303)
Citation 1

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Other Papers (1)

Total Downloads: 4    Citations: 0
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
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Native Hawaiians, Indian law, Hawaii, Native Americans, Akaka bill, Fifteenth Amendment, equal protection, race, ethnicity, Native Hawaiian Government Reorganization Act