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John Donvan

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  • John Donvan
Feb 27 2014
Thursday 5:30 p.m.    

Affirmative Action on Campus Does More Harm than Good

Speakers:
John Donvan • Gail L. Heriot • Randall Kennedy • Richard H. Sander • Theodore M. Shaw
Topics:
Civil Rights
Sponsors:
Harvard Student Chapter
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James Madison Portrait
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Speaker Information

John Donvan

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Speaker Information
Gail L. Heriot

Gail L. Heriot

Professor of Law, University of San Diego School of Law (Retired)

Biography

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.

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Speaker Information
Randall Kennedy

Randall Kennedy

Michael R. Klein Professor of Law, Harvard Law School

Biography

Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.

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Speaker Information
Richard H. Sander

Richard H. Sander

Professor of Law, UCLA School of Law

Biography

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.



  • B.A. Harvard, 1978
  • M.A. Economics, Northwestern, 1985
  • J.D. Northwestern, 1988
  • Ph.D. Economics, Northwestern, 1990
  • UCLA Law faculty since 1989
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Speaker Information
Theodore M. Shaw

Theodore M. Shaw

Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law

Biography

Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.

Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.

In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.

Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).

Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.

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