“The racial categories that the schools use are completely bonkers, an arbitrary mess mostly left over from the work of federal bureaucrats in the 1970s that can’t withstand the slightest scrutiny. The administrators who rely on these categories are beholden to senseless and unscientific distinctions—they aren’t even competent or rational racialists. Justice Samuel Alito raised this issue in the arguments, pretty clearly relying on the work of George Mason University professor David Bernst...

In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks...

In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law.Lawless documents how President Barack Obama has presided over one constitutional debacle after another-Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; ...

A call for the separation of race and state, backed by a deep dive into the surreal world of racial classification in America.Americans are understandably squeamish about official racial and ethnic classifications. Nevertheless, they are ubiquitous in American life. Applying for a job, mortgage, university admission, citizenship, government contracts, and much more involves checking a box stating whether one is Black, White, Asian, Hispanic, or Native American....

Reparations for slavery have become a reinvigorated topic for public debate over the last decade. Most theorizing about reparations treats it as a social justice project - either rooted in reconciliatory justice focused on making amends in the present; or, they focus on the past, emphasizing restitution for historical wrongs. Olúfemi O. Táíwò argues that neither approach is optimal, and advances a different case for reparations - one rooted in a hopeful future that tackles the issue of cli...

Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world's worst environmental records. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industr...

This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the rati...

Why the number of young Americans from mixed families is surging and what this means for the country’s futureAmericans are under the spell of a distorted and polarizing story about their country’s future—the majority-minority narrative—which contends that inevitable demographic changes will create a society with a majority made up of minorities for the first time in the United States’s history. The Great Demographic Illusion reveals that this narrative obs...

The deeply entrenched patterns of racial inequality in the United States simply do not square with the liberal notion of a nation-state of equal citizens. Uncovering the false promise of liberalism, State of White Supremacy reveals race to be a fundamental, if flexible, ruling logic that perpetually generates and legitimates racial hierarchy and privilege.Racial domination and violence in the United States are indelibly marked by its origin and ongoing development as an em...

From Barack Obama (Harvard and Chicago) to Bill and Hillary Clinton (Yale), many of our current national leaders emerged from the rarefied air of the nation's top law schools. The ideas taught there in one generation often shape national policy in the next.The trouble is, Walter Olson reveals in Schools for Misrule, our elite law schools keep churning out ideas that are catastrophically bad for America. From class action lawsuits that promote the right to sue anyone over anything, ...

Why and how has race become a central aspect of politics during this century? This book addresses this pressing question by comparing South African apartheid and resistance to it, the United States Jim Crow law and protests against it, and the myth of racial democracy in Brazil. Anthony Marx argues that these divergent experiences had roots in the history of slavery, colonialism, miscegenation and culture, but were fundamentally shaped by impediments and efforts to build national unity. In...

Race is a known fiction—there is no genetic marker that indicates someone's race—yet the social stigma of race endures. In the United States, ethnicity is often positioned as a counterweight to race, and we celebrate our various hyphenated-American identities. But Vilna Bashi Treitler argues that we do so at a high cost: ethnic thinking simply perpetuates an underlying racism.In The Ethnic Project, Bashi Treitler considers the ethnic history of the United States from the a...