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.
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.
Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School
A productive scholar and an award-winning teacher, Pamela S. Karlan is co-director of the school’s Supreme Court Litigation Clinic, where students litigate live cases before the Court. One of the nation’s leading experts on voting and the political process, she has served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice (where she received the Attorney General’s Award for Exceptional Service – the department’s highest award for employee performance – as part of the team responsible for implementing the Supreme Court’s decision in United States v. Windsor). Professor Karlan is the co-author of leading casebooks on constitutional law, constitutional litigation, and the law of democracy, as well as numerous scholarly articles.
Before joining the Stanford Law School faculty in 1998, she was a professor of law at the University of Virginia School of Law and served as a law clerk to Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York. Karlan is a member of the American Academy of Arts and Sciences, the American Academy of Appellate Lawyers, and the American Law Institute.
Professor of Law, The College of the Law, University of California San Francisco
Professor Zachary Price has taught at UC Law SF since 2013 and currently holds the Eucalyptus Foundation Endowed Chair. He joined UC Law SF following a fellowship at the Stanford Constitutional Law Center, and before entering academics, he served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel. He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court. He graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction.
Professor Zachary S. Price teaches and writes about constitutional law, administrative law, and criminal and civil law enforcement. His book Constitutional Symmetry: Judging in a Divided Republic is forthcoming with Cambridge University Press in summer 2024. His scholarly articles include “Faithful Execution in the Fifty States” in the Georgia Law Review, “Congress’s Power Over Military Offices” in the Texas Law Review, “Funding Restrictions and Separation of Powers” in the Vanderbilt Law Review, “Enforcement Discretion and Executive Duty” in the Vanderbilt Law Review, and “NAMUDNO’s Non-Existent Principle of State Equality” in the New York University Law Review Online. Professor Price has also contributed to publications including the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog. In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Professor of Law, UCLA School of Law
Sander has been working on questions of social and economic inequality for nearly all of his career. He was born in Washington, D.C., but spent most of his childhood in small towns in northwest Indiana. After earning a B.A. in Social Studies at Harvard, Sander in 1978 joined the federal Vista program and worked for a small neighborhood housing group on Chicago's south side. While organizing tenant unions and building receiverships, he was deeply impressed with the work of the South Shore Bank, an experimental, community-development bank owned by churches and foundations. Sander secured funding from three federal agencies and, with the Woodstock Institute, completed the first detailed study of the bank. South Shore Bank was widely imitated as an instrument for community revitalization in other urban areas over the next two decades.
Sander attended graduate school at Northwestern University from 1983 to 1988, earning degrees in law (J.D., 1988) and economics (M.A. 1985, Ph.D., 1990). In his law review comment and his dissertation, Sander sought to understand why fair housing laws had seemingly produced widespread integration in some American metropolitan areas, but very little integration in most. During much of this period, Sander served on the board of the Rogers Park Tenants Committee, and worked on the election effort and subsequent transition team of Harold Washington, Chicago’s first black mayor.
In 1989, Sander joined the faculty of the UCLA School of Law. During this period, he continued his work on housing segregation, but also pursued two new interests: the reasons behind the American legal profession’s explosive growth since the mid-1960s, and the structure and effects of law school admissions policies. With Kris Knaplund, he published in 1995 the first comparative evaluation of academic support programs used in legal education. After California voters approved Propostion 209 in 1996 – banning the use of race in various government programs, including admissions at the University of California – Sander successfully argued for the adoption of class-based preferences in the law school’s admissions, and published a study on the results of this experiment in 1997.
During the 1990s, Sander was involved in several Los Angeles civic initiatives. He served as President of the Fair Housing Congress of Southern California from 1984 to 1996; founded the Fair Housing Institute in 1996, and helped the City of Los Angeles design and implement in 1997 what was, at the time, the nation's most ambitious living wage law. Sander also persuaded regional authorities to develop outreach programs that sharply increased local usage of the Earned Income Tax Credit, generating tens of millions of dollars annually for LA's poorest working families.
Sander was one of seven UCLA faculty members and staff who launched the Program in Public Interest Law and Policy, which created a distinct curriculum aimed at public interest students. From 1998 to 2004, Sander helped to steer the "After the JD" study, the first national panel study of law school graduates. In 1998-99, Sander and others at the School of Law launched the Empirical Research Group (ERG), an entity designed to help faculty members undertake ambitious empirical projects and introduce more quantitative and methodological sophistication into their policy-related work.
In 2004, Sander published a comprehensive study of affirmative action in American law schools, focusing particularly on the ways in which large preferences imposed unexpected but substantial costs on their intended beneficiaries.
Sander teaches courses in Property, Quantitative Methods, Urban Housing, and Policy Analysis. He is married to astrophysicist Fiona Harrison, and has a son, Robert. He lives in the Los Feliz neighborhood of Los Angeles.
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Disparate Impact: Reducing Innovation in the Workplace?
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Fourth Annual Executive Branch Review Conference
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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...
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