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Blog: Reason.com
I am the Executive Director of the Scalia Law School's Law & Liberty Center. Our most significant current project at the Center is "Voices for Liberty," which our website describes as follows: "While some view freedom of speech as detrimental to minority groups, others champion it as a necessary condition for protecting underrepresented voices. The Liberty…
Blog: Reason.com
An article I coauthored spurred an amendment to the Federal Rules of Evidence
Blog: Reason.com
Over my 20+ years of blogging at Volokh, commenters have often questioned why I focused my attention on what I saw as unfair attacks on Israel, rather than on Israeli policies I disagreed with that might be obstacles to a future peace deal. My response was consistent: debates over specific Israeli policies were a sideshow.…
Blog: Reason.com
I review the relevant chapters in Prof. Robert Post's forthcoming book
Blog: Reason.com
The loudest voices bemoaning Palestinian suffering decline to call on Hamas to release the hostages and surrender.
Blog: Reason.com
If you don't have the time or inclination to read my book, Classified: The Unknown Story of Racial Classification in America, attorney Paul Taylor provides a thorough summary, along with some commentary, at his (excellent) Substack. Part 1 The illogical and politically-motivated process that led to the creation of official U.S. government racial classifications. Part…
Blog: Reason.com
The complaint contains detailed allegations of hostile environment, breach of contract, and disparate treatment. Here is the entire complaint: Kestenbaum v. Harvard (D. Mass. 1-11-24) (complaint) (1) As in previous complaints related to university antisemitism, I find that the strongest claims are that (a) the university refuses to enforce its own, content-neutral, rules (In this…
Blog: Reason.com
A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. I have already written about my own university's failure to enforce Virginia's law banning masked demonstrations. That failure continues, despite a letter from the state attorney general reminding universities of their…
Blog: Reason.com
It's worth reading the whole thing, but here is a "highlight": Last Wednesday, I spent seven hours on campus meeting with Jewish, Israeli, and non-Jewish students and faculty at the Law School, at HBS and in a 90-minute town hall in Aldrich 112 with 230 Jewish college students (coincidentally, one for each hostage held by…
Blog: Reason.com
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 articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial…
Blog: Reason.com
Why didn't university president Gregory Washington speak up?
Blog: Reason.com
They later issued a "sorry if you were offended" non-apology, and so far the university seems satisfied with that.
Blog: Reason.com
Long-time readers will recall that I am a vociferous critic of Human Rights Watch. HRW purports to be a neutral human rights organization, but consistently hires staffers with a history of anti-Israel, pro-Palestinian activism to write and report on the Israel-Palestinian conflict. So how did HRW do after the Oct. 7 massacre and brutalization of…
Blog: Reason.com
It's not just antisemitism, it's a Manichean worldview that assigns moral worth based on whether a group is identified as "oppressors" or the "oppressed"
Blog: Reason.com
Police at my university decline to enforce the law.