Narrowly Tailoring the COVID-19 Response

The greatest impact of the novel coronavirus on most of our lives has not been physiological. Rather, the impact has come from state governments’ responses to the virus. In much of the country, stay-at-home measures have shut down our lives—including our ability to continue with our employment, study, religious practice, socializing, and access to arts and entertainment. Commentary on the legality of these measures has been limited at the time of writing, but some commenters have suggested that courts might find them vulnerable on the grounds that they cannot survive heightened judicial scrutiny.

Unequal Access: How Debt Exacerbates Inequality in Education Financing

When school funding flows from property taxes, it follows that geographic wealth disparities will lead to unequal districts. In the 1970s, courts began wading into the legally murky water of school funding to correct such gaps, but they did so without a comprehensive understanding of what creates them in the first place. Courts focused on property taxes and spending per pupil to measure inequality, instead of debt and the ability to access financial markets. Given this incomplete understanding of inequality, most courts shirk the opportunity to ensure that students have equal access to education, deferring school funding questions to state legislatures. […]

Carrying on Korematsu: Reflections on My Father’s Legacy

Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for […]

Widely Welcomed and Supported by the Public: A Report on the Title IX-Related Comments in the U.S. Department of Education’s Executive Order 13777 Comment Call

Executive Summary This report reviews research that coded the content of the 16,376 comments filed with the U.S. Department of Education (ED) in response to ED’s call for public comments on Executive Order 13777 (establishing a federal policy to “alleviate unnecessary regulatory burdens”), which closed on September 22, 2017. This research focused on the 12,035 […]