Statue of Lady Justice holding a pair of scales in front of the Supreme Court building

Non-affirmative Actions

BY JUDY ROHRER This past Fourth of July weekend was one of the hottest in history, not just because of climate catastrophe but also the white-hot imperialist racism “born in the U.S.A.” The scorching weekend started with the Supreme Court’s denial of historical and ongoing US settler-colonial and racial structural violence in its decision to…

On Its 50th Anniversary, What's Left of Keyishian?

BY MARJORIE HEINS Marjorie Heins is the author of Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge, a history of McCarthy era attacks on teachers and professors, of the Supreme Court’s initially acquiescent response, and of the Court’s eventual vindication of academic freedom in the 1967 Keyishian case. By Marjorie…

AcademeBlog Interview with Harry Keyishian

BY JOHN K. WILSON January 23, 2017 marks the 50th anniversary of the Supreme Court’s ruling in Keyishian v. Board of Regents, perhaps the most important case defending academic freedom in the history of law (see the essay by Marjorie Heins today about the case). Five years ago, I interviewed Harry Keyishian via email for AcademeBlog…

A Changing Landscape for Unionization at Private Institutions?

In her article in the November-December Academe, “Improving the Legal Landscape for Unionization at Private Colleges and Universities,” AAUP general counsel Risa L. Lieberwitz considers the legacy of the US Supreme Court’s 1980 decision in NLRB v. Yeshiva University. Because it held that faculty members’ autonomy and involvement in decision-making puts them in the category…

Interview with Author Marjorie Heins

Marjorie Heins, founder of The Free Expression Policy Project, is the author of the new book Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge (NYU Press, February 2013). In her book (watch video interviews with her), Heins examines the critical Supreme Court cases of the 1950s and 1960s that first…

Fisher v. Texas, Part Two

Last week, I wrote about the upcoming Supreme Court case Fisher v. University of Texas at Austin. I recently attended an event sponsored by the ACLU, discussing the upcoming court term, including this case. There are a few unusual elements to the case that I want to talk about this week. Once again I am…

Fisher v. Texas: A Primer

On October 10, 2012, the United States Supreme Court will hear arguments in Fisher v. University of Texas at Austin, a major affirmative action case that could fundamentally change college admissions for many students. At issue are questions of how schools achieve racial diversity in their student bodies—or if they should even be trying. The…

Interview with Harry Keyishian

January 23, 2012 marks the 45th anniversary of the Supreme Court’s ruling in Keyishian v. Board of Regents, perhaps the most important case defending academic freedom in the history of law (see the essay by Marjorie Heins today about the case). I interviewed Harry Keyishian via email about the decision that bears his name. Harry…