Faculty Scholarship

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click to view scholarship for this faculty Heriot, Gail


  • A Dubious Expediency: How Race-Preferential Admissions Policies Hurt Minority Students (Heritage Foundation White Paper, forthcoming 2015)

Journal Articles

  • “Apprenticeship: Useful Alternative, Tough to Implement” in (2016)
  • “Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias” in (with Hal Pashler) (forthcoming 2016)
  • “A Dubious Expediency: How Race-Preferential Admissions Policies Hurt Minority Students” in 38 Harvard Journal of Law and Public Policy 781 (2015)
  • “The Sad Irony of Affirmative Action” in 14 National Affairs 78 (2013)
  • “Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy” in 10 Engage 4 (2009)
  • Affirmative Action in American Law Schools” in 17 Journal of Contemporary Legal Issues 237 (2008)
  • “The Politics of Admissions in California” in 14 Academic Questions 29 (2001)

Other Print and Electronic Media

  • Why Aren't There More Black Scientists? The Wall Street Journal (October 21, 2015)
  • Congress Tries to Break Hawaii in Two The Wall Street Journal (with Kirsanow) (February 28, 2010)
  • Hate Bill Threatens Innocent The Philadelphia Inquirer (February 22, 2009)
  • The ABA's 'Diversity' Diktat The Wall Street Journal (April 28, 2008)

Presentations and Conferences

  • "Racial Preferences Return to the Supreme Court: Fisher v. University of Texas" as presenter at The Heritage Foundation (December 7, 2015)
  • "Will the Supreme Court End Affirmative Action: A Preview of Fisher v. University of Texas on the Eve of Oral Argument" as presenter at The Cato Institute (December 7, 2015)
  • "Plenary Session: Workplace Equality and Race: Roadblocks and Routes to a Better Outcome" as presenter at Ninth Annual Conference of the ABA Section on Labor and Employment Law (November 6, 2015)
  • "A Supreme Court Review: What's in Store for the October 2015 Term?" as panelist at Federalist Society (September 30, 2015)
  • "Colloquium: Political Power and Individual Liberty in Richard Epstein's "The Classical Liberal Constitution"" as panelist and participant at Liberty Fund (6-8)
  • "Anglo-American versus Continental Conceptions in Theory and Practice" as panelist at Colloquium: The Rule of Law (December 4, 2014)
  • "What to do about Youth Unemployment?" as presenter at Showcase Panel on Youth, Employment and the Law, National Lawyers Conference, Federal Society (November 13, 2014)
  • "Passion and Prudence in the Political Process: The Debate Over Federal Civil Rights Policy" as presenter at Conference on Civil Rights in the United States, The Cato Institute, the Federalist Society & the Heritage Foundation (September 9, 2014)
  • "Best Admissions Practices: How to Address Underrepresented Populations in the Wake of Fisher v. University of Texas at Austin" as presenter at National Association of College & University Attorneys Annual Conference (June 24, 2014)
  • "Affirmative Action" as presenter at National Convention, American Constitution Society (June 20, 2014)
  • "Disparate Impact Analysis" as presenter at Second Annual Executive Branch Review Conference, The Federalist Society (May 8, 2014)
  • "Does Affirmative Action on Campus Do More Harm than Good?" as debater at Intelligence Squared at Harvard University (February 27, 2014)


Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527