Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
Attorney at Law
James P. Scanlan is an attorney specializing in the use of statistics in litigation. He has published about 60 articles on legal or public policy issues. About half have pertained to the use of statistics in the law and the social and medical sciences, especially regarding the patterns by which standard measures of differences between outcome rates tend to be systematically affected by the prevalence of an outcome. Most notably, the rarer an outcome the greater tends to be the relative difference in experiencing and the smaller tends to be the relative difference in avoiding it, a pattern termed “Scanlan’s Rule” by scholars in the UK. Thus, for example, improvements in health or healthcare tend to decrease relative differences in favorable health outcomes, while increasing relative differences in the corresponding adverse outcomes; increasing loan approval rates tends to decrease relative differences in approval rates while increasing relative differences in rejection rates. Without recognizing this and related patterns it is not possible to soundly interpret data on group differences in outcome rates.
CEO, Sharf & Associates
As EEOC's Chief Psychologist in the mid-1970s, Jim drafted the Uniform Guidelines on Employee Selection Procedures He subsequently returned to government to serve as Special Assistant to EEOC's Chairman for whom he drafted the "race norming" prohibition in the Civil Rights Act of 1991.
Jim has successfully defended the validity generalization (VG) of measures of cognitive ability (Taylor v. James River Corp., 1989 WL 165953 (S.D. Ala. 1989; McCoy v. Willamette Industries, Inc. U.S. District Court for the Southern District of Georgia, Savannah Dicision, Civil Action No. CV401-075 (2001)) - his VG reasoning having been affirmed by the Fifth Circuit (Bernard v. Gulf Oil Corp., 890 F.2d. 735, 744 (5th Cir. 1989). Jim has also successfully defended validity generalization challenged by OFCCP (TIMKEN) and EEOC (SMECO).
For four years, Jim was industrial psychology's expert writing the licensing exam required of all psychologists in the U.S. and Canada. Jim was awarded the M. Scott Myers Award for Applied Research in the Workplace by the Society for Industrial/ Organizational Psychology for developing the valid, legally defensible employment tests used by TSA to hire fifty-thousand airport security screeners.
With Metrics Reporting, Inc., Jim and the Competency Validation Center team are now partnering with the Hope Street Group nonprofit network both to document and to assess legally defensible, job-related competencies in the healthcare and manufacturing sectors. GOALS: Employers will be able to communicate Talent Supply Chain competencies; Individuals will accumulate stackable credentials documenting their competencies; and Talent Suppliers will align competency-based education with employer requirements.
Topics
Keyes v. Lynch: A successful as-applied challenge to the federal firearms ban for the mentally ill
Federal law (18 U.S.C. § 922(g)(4)) prohibits any person “who has been adjudicated as a...
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The Department of Education's Misguided Consumer Protection Initiative
Inside Higher Ed is reporting that the National Advisory Committee on Institutional Quality and Integrity...
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Data Breach Damage Claims Puzzle Judges
A recent article in the Wall Street Journal (paywall) points out a legal issue that judges are...
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Author Response: Interpreting Peruta v. County of San Diego by Joseph Greenlee
Mr. Nichols, I appreciate your response, although I do believe it is misguided.I’ll address each...
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Reader Response: Interpreting Peruta v. County of San Diego by Joseph Greenlee
Not a single one of the cases you cited upheld prohibitions on concealed carry "when,...
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Interpreting Peruta v. County of San Diego
On June 9th, in Peruta v. County of San Diego, the Ninth Circuit held that...
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New California Bill Threatens Religious Colleges
“Your funding or your faith: choose one only.” That is message the California Senate sent...
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How Your Smart Gun May be Used to Compel You to Incriminate Yourself
President Obama’s recent smart gun push has brought renewed attention to one of the only...
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An Additional Point on Racial Mirroring
Kudos to Professor Sidhu for his fine article on “Racial Mirroring”—the notion that, say, police departments...
Disparate Impact: Reducing Innovation in the Workplace?
Gail L. Heriot, John S. Irving, James Scanlan, James Sharf
Fourth Annual Executive Branch Review Conference
The slogan "Personnel is policy" reflects the principle that hiring the right people is one...