Monday, July 21, 2014

JOHN FUND'S WOMEN - Gail Heriot - The Passion Begins January 13, 2002

From: Gail Heriot []



Subject: Silly? Yes. But what's a girl to do?

Sent: 1/13/02 10:05 PM

Importance: Normal

Hi Cutie--

I'm on Exam No. 61--a landmark. I'm celebrating by taking a break. I figure I'll be done by Monday night, provided the raccoons in my back yard don't come back tonight. They're so darn cute, they're distracting.

I've been ruminating about what you said on the telephone yesterday--that I'm insecure. If you mean that I'm insecure about you and me, of course you're right. I do feel insecure--although in the grand scheme of things my feelings signify less about me (or you) than they do about external circumstances. We live on opposite coasts; we're both busy, and we don't know each other very well. I'd have to be daft not to feel insecure; I've not done anything to earn security. There are a lot of women out there who can spend one night a month with you and do a little sightseeing just as well as I can. Some even better .... (I would give you their phone numbers, but I'm not yet convinced that it's in my interest.)

I'm amused by your statement that you *do* know me. It's the journalist in you. You are paid to make quick judgments about people and situations, drawing mostly on the public record. It's your job to have the first word on a topic, and you're very good at it.

As an academic, I'm paid to have the last word on a subject. It makes me slower to form opinions about people and things. Academics are ruminant creatures.

My fear is that I will remain insecure about us. We see each other so seldom that we may never really get a sense of each other. If true, it will be a shame. It's possible that we'd make a good pair, maybe even a great pair. I am not inclined to turn loose of you until that possibility has been explored. On the other hand, I'd prefer not to die of old age still wondering.

So allow me to introduce myself. I am Gail Heriot, the woman whose hotel room you've found yourself in a few times over the last six weeks.

First, for whatever reason, you get to me. There aren't that many men who do ....

My four best qualities are that I'm smart, brave, true and industrious. There are many things I'm insecure about; these are not among them.

Smart--Yes, there are smarter women in the world, but the objective indicators suggest that they are pretty darn rare, even in the rarified circles in which you travel. If you decide to dump me because I'm not smart enough for you, you'd better be prepared for a long period of celibacy.

Brave--This is actually an illusion. I'm not brave at all; I'm really just dutiful, but that's usually the case with people who are called brave. I'd have make a good Army Ranger if I weren't such a klutz.

True--Well, Diogenes, you were the one who said you wanted an honest woman. Be careful what you wish for. Honest women can be too blunt sometimes. They don't always say things the way they intended. And they require honesty in return. It's not a universal taste.

Industrious--Nobody works harder than I do. A lot of people are more efficient. I wish I understood why.

My worst qualities (among those I'm aware of) are that I'm impatient, disorganized and slovenly about the office.

Impatient--I would explain this in greater detail, but I simply lack the patience. It manifests itself most often around idiots and bureaucrats. So far, I've never gotten violent, but I suppose there's always a first time ....

Disorganized--I can only do one thing at a time. When I get really interested in something, I forget to eat, sleep or attend to the ordinary duties of modern existence. Not everyone is amused.

Slovenly--My desk is a mess. I worry about this with you. I know that ethnic stereotypes are a terrible, terrible thing, but you were reared by a German mother. If she's trained you to be like her countrymen, you won't like my desk. Curiously, my house is not messy (except the refrigerator). There are two reasons for this. First, I take a lot of care in decorating and I don't want it all to go to waste. Second, our country's immigration policies allow me to hire household help cheaply.

I'm sure I have other bad qualities, which you will figure out if you hang around long enough. I'm not sure if it signifies anything, but those who have been around me longest tend to like me best. I'm not sure if it's because I grow on people or because those that figure me out do so early and flee for their lives

This is getting too long. I'm going out to forage for food. It's your turn.


p.s. My favorite book is Alice in Wonderland. My second favorite book is Through the Looking Glass. I don't have a third or fourth favorite book, but my fifth favorite book is Paul Johnson's Modern Times.

Professor of Law
Office Address:
University of San Diego School of Law
5998 Alcala Park
San Diego, California 92110

(619) 260 - 2331
(619) 260 - 4728

Date of Birth:
October 17, 1957 

1. Professor of Law , University of San Diego School of Law
1989 - present (promoted to full professor in 1993)
Courses: Torts, Remedies, Employment Discrimination, Civil Rights Law & History, Products Liability, Evidence, Philosophical Foundations of Tort, Contract & Property Law.

2. Commissioner, United States Commission on Civil Rights
2007 - present

3. Associate Dean for Academic Affairs & Professor of Law, George Mason University School of Law 1998 - 1999
Duties: Faculty administrator in charge of faculty and academic programs.
(Held position while on leave from the University of San Diego).

4. Counsel, United States Senate Committee on the Judiciary
Spring Semester 1998
Duties: Advised Committee Chairman Senator Orrin G. Hatch on civil rights issues and judicial nominations.
(Held position while on leave from the University of San Diego).

5. Associate, Hogan & Hartson, Washington, D.C.
Duties: Litigated pharmaceutical products liability, securities, and intellectual property cases in federal and state courts at trial and appellate levels.

6. Associate, Mayer, Brown & Platt, Chicago, Illinois
1982- 1983
Duties: General litigation and commercial practice.

7. Law Clerk, The Honorable Seymour F. Simon, Supreme Court of Illinois
1981 - 1982


California Dreaming: Race, Gender, Proposition 209 and the Non-Discrimination Principle in Action (editor)(forthcoming).

Disparate Impact and the Soft Coercion of the Uniform Guidelines on Employee Procedures, SCOTUSBlog, February 23, 2010.
You Know What I’m Thinking, Right?: A Plea for More Viewpoint Diversity, __ J. Legal Ed. __ (2009). (forthcoming).
Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy, Engage 4 (February 2009).
Affirmative Action in American Law Schools, 17 J. Contemp. Legal Issues 237 (2008)(symposium issue).
Parents Involved in Community Schools v. Seattle School District No. 1, in Oxford Guide To United States Supreme Court Decisions (Kermit L. Hall, James W. Ely, Jr. Joel B. Grossman, eds.)(2d ed. 2008).
The Equal Rights Amendment: Back for an Encore Performance? Engage Magazine 29 (February 2008).
Book Review: Jerome Karabel’s The Chosen, Engage Magazine 153 (February 2007).
Are Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars), 84 Wash. U.L.Q. 1113 (2006)(symposium issue).
Aloha, Akaka Bill, Engage Magazine 43 (October 2006).
In Recent Decades, The Confirmation Process Has Been Time Consuming and Sometimes Bitter and Partisan, But It’s Unlikely to Get Better as Long as Justices Are Perceived as Policymakers, San Diego Lawyer Magazine (January-February 2006).
Misdiagnosis: A Comment on “Illness and Injury as Contributors to Bankruptcy” and the Media Publicity Surrounding It, 10 Tex. Rev. L. & Politics 229 (2005).
Comment: Traditionalism and Rationalism in the Courts, 42 San Diego L Rev. 1103 (2005)(symposium issue).
Taking the Michigan Cases Seriously: Thoughts on Grutter v. Bollinger and Gratz v. Bollinger as Law and Practical Politics, 36 Loy. (Chi.) L.J. 137 (2004)(symposium issue).
Symposium on Direct Democracy: An Introduction, 13 J. Contemp. Legal Issues 1 (2004).
Standardized Tests Under the Magnifying Glass: A Defense of the LSAT Against Recent Charges of Bias, 7 Tex. Rev. L. & Politics 467 (2003) (with Christopher T. Wonnell).
Civilizing Punitive Damages: Lessons from Restitution, 36 Loy. (L.A.) L. Rev.869 (2003)(symposium issue).
Strict Scrutiny, Public Opinion and Racial Preferences on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?, 40 Harv. J. Legis. 219 (2003).
Symposium Introduction: Law School Admissions Reform, Academic Questions 18 (Winter 2001-02).
The Politics of Admissions in California, Academic Questions 29 (Fall 2001).
The University of California Under Proposition 209, 6 Nexus 163 (2001) (symposium issue).
Book Review: Richard Epstein’s Re-Torts, 3 Green Bag 2d 219 (2000).
Book Review: Daniel A. Farber & Suzanna Sherry’s Beyond All Reason: The Radical Assault on Truth in American Law, Academic Questions 85 (Spring 1999).
California’s Proposition 209 and the United States Constitution, 43 Loyola (New Orleans) L. Rev. 613 (1998) (symposium issue).
Symposium on Law, Human Behavior and Evolution: An Introduction, 8 J. Contemp. Legal Issues 1 (1997).
An Essay on the Civil-Criminal Distinction With Special Reference to Punitive Damages, 7 J. Contemp. Legal Issues 43 (1996) (symposium issue).
Songs of Experience: A Review Essay of Anthony Kronman’s The Lost Lawyer: Failing Ideals of the Legal Profession, 81 Va. L. Rev. 1721 (1995).
The Practical Role of Harm in Criminal Law and the Law of Tort, 1 J. Contemp. Legal Issues 145 (1994) (symposium issue).
The New Feudalism: The Unintended Destination of Contemporary Trends in Employment Law, 28 Ga. L. Rev. 167 (1993).
A Study in the Choice of Form: Statutes of Limitation and the Doctrine of Laches, 1992 B.Y.U.L. Rev. 917 (1993).
Whether Pigs Have Wings, 38 Wayne L. Rev. 31 (1991).
Way Beyond Candor, 89 Mich. L. Rev. 1945 (1991).


Congress Tries to Break Hawaii in Two, The Wall Street Journal, February 28, 2010 (with Peter Kirsanow).
Hate Bill Threatens Innocent, The Philadelphia Inquirer, July 22, 2009.
The ABA’s “Diversity” Diktat, The Wall Street Journal, April 28, 2008.
Affirmative Action Backfires, The Wall Street Journal, August 24, 2007.
Junk Social Science Index, The Washington Times, July 26, 2007 (with Todd Zywicki).
Bernard H. Siegan: Prophet of the Property Rights Movement, The San Diego Union Tribune, April 9, 2006 (with Maimon Schwarzschild).
Trouble from Paradise: Hawaii’s Divisive Racial Politics Hits the National Agenda, San Diego Union-Tribune, August 28, 2005.
Misdiagnosed: A Medical-Bankruptcy Study Doesn’t Live Up to Its Billing, The National Review (On-Line)(February 11, 2005)(
A Supreme Court Decision Upholds Principle of Race Preferences, San Diego Union-Tribune, June 29, 2003.
Racial Preferences Are Wrong, The San Diego Union-Tribune, December 27, 2002
The Reverse Discrimination Dilemma Continues, The San Diego Union-Tribune, May 19, 2002
The Crisis Over Federal Judicial Nominations, The San Diego Union-Tribune, May 8, 2002.
Race, Ethnicity, Airport Security and the Constitution, The San Diego Union-Tribune, October 4, 2001.
Senate Must Not Frighten Off Good Judicial Candidates, The San Diego Union-Tribune, July 26, 2001.
Politics Colors the UC’s Plan to Eliminate the SAT, The San Diego Union-Tribune, March 18, 2001.
That Funny Smell Coming from the Port Plan, The San Diego Union-Tribune, January 30, 2001.
Is Legislative Gridlock a Good Thing? The San Diego Union-Tribune, October 27, 2000.
Problems with Hate Crimes Laws, The San Diego Union-Tribune, July 5, 2000.
Equal Opportunity Works: The End of Racial Preferences in California Has Been An Unheralded Success, The Weekly Standard, April 17, 2000.
Inner City Residents Want to Take Race Out of Crime Fighting, The San Diego Union-Tribune, November 26, 1997.
Doctored Affirmative Action Data, The Wall Street Journal, October 15, 1997.
The Truth About Preferences, The Weekly Standard, July 14, 1997.
It’s the Inner City, Mr. President!, San Diego Union-Tribune, June 17, 1997.
Whither Diversity? UCLA Magazine, September, 1996.
CCRI Is True Affirmative Action Reform, San Diego Union-Tribune, September 6, 1996.
CCRI Opponents Employ Lame Scare Tactic, Orange County Register, September 4, 1996.
Diversity Is More Than Skin Deep, Los Angeles Times, July 14, 1996 (re-printed in the Washington Times, July 24, 1996).
UC Faculty Opposes Preferences, San Diego Union-Tribune, January 26, 1996.

Testimony on the proposed Matthew Shepard Hate Crimes Prevention Act Before the Senate Committee on the Judiciary, June 25, 2009.
Testimony on the proposed Native Hawaiian Government Reorganization Act Before the House of Representatives Committee on Natural Resources, June 11, 2009.
Testimony on the Fiftieth Anniversary of the Civil Rights Act of 1957 and Its Continuing Importance Before the Senate Committee on the Judiciary, September 5, 2007, available at .
Testimony on the proposed Native Hawaiian Government Reorganization Act Before the United States Commission on Civil Rights, January 20, 2006.
Testimony on Judicial Activism Before the Subcommittee on the Constitution, Federalism and Property Rights, Committee on the Judiciary, United States Senate, July 15, 1997.
Testimony on the Civil Rights Act of 1997 (H.R. 1909) Before the Subcommittee on the Constitution, Judiciary Committee, United States House of Representatives, June 26, 1997.
Testimony on Diversity and the California Civil Rights Initiative Before the Judiciary Committee of the California Senate, September 30, 1996.


Discussion Leader, Colloquium: Liberty, Responsibility & the Legal Profession, San Diego, March 26-28, 2009.

Moderator & Symposium Organizer, Federal Sovereignty, State Sovereignty, And The Sovereignty of 562 Native American Tribes: A Match Made In Heaven, Or Somewhere Less Pleasant?, Third Annual Western Conference, Federal Society, Reagan Library, Simi Valley, California, January 24, 2009.
Speaker, Presidential Panel III: Associational Diversity, Annual Meeting, Association of American Law Schools, San Diego, January 8, 2009.
Speaker, Milton Friedman and His Mom, Grassroot Institute, Honolulu, Hawaii, July 30, 2008.
Speaker, How Free Is the University, Speaker, American Freedom Alliance, University of Southern California, June 16, 2008.
Speaker, Hate Crimes: What Is the Proper Federal Role?, The Heritage Foundation, Washington, D.C., May 8, 2008.
Round Table Participant, Law and Liberty in the Judicial Practice of Robert H. Jackson, Sausalito, California, March 13-15, 2008.
Moderator & Symposium Organizer, Direct Democracy: The Courts and the Legislature vs. The People: Who is in Charge?, Second Annual Western Conference, Federal Society, Reagan Library, Simi Valley, California, February 23, 2008.
Speaker, Proposition 209's Effect on Student Admissions, Race and Gender Preferences at the Crossroads, California Association of Scholars, University of Southern California, January 18, 2008.
Speaker, Civil Rights: Amending State and Federal Constitutions to Prevent Sex Discrimination, The Federalist Society National Lawyers Conference, Washington, D.C., November 17, 2007.
Speaker, Grutter and Beyond, Southeast Association of American Law Schools Annual Meeting, Amelia Island, Florida, July 31, 2007.
Speaker, Lewis F. Powell Symposium: Panel on Diversity in Higher Education, Washington & Lee University, National Press Club, Washington, D.C., April 6, 2007 (broadcast on C-Span), available at
Discussion Leader, Colloquia: The Federalists, the Anti-Federalists, and the Constitution They Created, San Diego, March 9-11, 2006, March 8-10, 2007 and January 24-26, 2008 .
Round Table Participant, The Ethics and Economics of Legal Education, Journal of Contemporary Legal Issues, University of San Diego, February 23-24, 2007.
Interviewer, An Interview with Edwin Meese, III, First Annual Western States Conference: The Legacy of the Department of Justice Under Attorney General Edwin Meese, III, Federalist Society, Reagan Library, Simi Valley, California, January 27, 2007.
Speaker, “The Accrediting Process and Diversity Standards,” What Works in Higher Education: A Report from the Front: The Twelfth National Conference of the National Association of Scholars, Boston Mass, November 18, 2006.
Round Table Participant, Conference on Same-Sex Marriage, Institute for Marriage and Public Policy, George Mason University Law School, Arlington, Va., May 13, 2006.
Speaker & Conference Participant, Are Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars), Bloggership: How Blogs Are Transforming Legal Scholarship, The Berkman Center for Internet & Society, Harvard Law School, Cambridge, Mass, April 28, 2006.
Round Table Participant, The Hoover-Roosevelt Debate, Pasadena, California, April 7-9, 2005.
Discussion Leader, Colloquium: The Federalist Papers, San Diego, December 2-4, 2004.
Round Table Participant, Colloquium on Three Comedies of Shakespeare, Law & Liberty, Savannah, Georgia, November 18-20, 2004.
Speaker, Grutter and Gratz Revisited, Eleventh National Conference of the National Association of Scholars, New York, May 22, 2004.
Speaker, Race in Education Policy: A Constitutional Examination, Loyola University of Chicago Law Journal Conference, Loyola University of Chicago, Chicago, March 13, 2004.
Moderator and Panel Organizer, Conservatism and Academia, National Association of Scholars (Law Section), Atlanta, Georgia, January 4, 2004.
Moderator and Panel Organizer, Direct Democracy, The Federalist Society (Faculty Division), Atlanta, Georgia, January 4, 2004.
Speaker, Back to Bakke, The Federalist Society, National Lawyers Conference, Washington, D.C., November 15, 2003.
Moderator & Editor, Journal of Contemporary Legal Issues, Symposium on Direct Democracy, USD, June 6-7, 2003
Speaker, First Michigan Conference on Racial & Ethnic Fairness in the Legal System, State Bar of Michigan Open Justice Commission and the National Consortium on Racial and Ethnic Fairness in the Courts, Detroit, Michigan, April 11, 2003.
Speaker, Debate: Election Reform, Common Cause, of San Diego County, USD Institute for Peace and Justice, April 5, 2003.
Speaker, Panel on Federalism & Feminism: Should American Women Embrace or Distrust Federalist Principles, Independent Women’s Forum, Georgetown University, October 11, 2002 (reprinted in on-line Engage Magazine).
Round Table Participant, The Works of Adam Smith, Holland, Michigan, August12-18, 2002.
Round Table Participant, Forum on Remedies, Washington & Lee University School of Law, Lexington, Virginia, April 26-27, 2002.
Round Table Participant, The Structure of Liberty, Whistler, British Columbia, Canada, April 18-20, 2002.
Speaker, Affirmative Action in Higher Education, Harvard Journal on Legislation Symposium, Harvard University, Cambridge, Massachusetts, March 12, 2002.
Speaker, Panel on Racial Profiling, Conference on Public Service and the Law, University of Virginia, Charlottesville, Virginia, February 16, 2002.
Round Table Participant, Free Market Environmentalism in Theory and Practice, San Francisco, January 31 - February 2, 2002.
Moderator & Section Chair, Contemporary Issues in Remedies, AALS National Conference, New Orleans, January 6, 2002.
Moderator & Panel Organizer, The Law School Behemoth, National Association of Scholars -- Law Section Annual Meeting, New Orleans, January 4, 2002.
Discussion Leader, Conference on the Fortieth Anniversary of Hayek’s The Constitution of Liberty, USD, November 30 - December 2, 2001.
Speaker, The Future of Racial Preferences: Is the Issue on the Brink of Resolution at Last?, Federalist Society National Lawyers’ Convention, Washington, D.C., November 17, 2001.
Round Table Participant, First Annual Forum on Civil Rights Issues, American Civil Rights Institute Conference, Ronald Reagan Library, Simi Valley, California, June 28, 2001.
Round Table Participant, Hate Crime Legislation, University of San Diego Institute for Law and Philosophy, March 2-3, 2001.
Speaker, In the Twilight of Racial Preferences: Diversity and Affirmative Action in Student Admissions, Ninth National Conference of the National Association of Scholars, New York, January 13, 2001.
Moderator & Editor, Law School Admissions in the Post Affirmative Action Age: the LSAT on Trial, National Association of Scholars-Law Section Annual Meeting, San Francisco, January 6, 2001, published in Academic Questions (Winter 2001-02).
Speaker, Democracy in California: Sesquicentennial Reflections on Equality and Liberty in the Golden State, Claremont McKenna College, Claremont, California, October 27-28, 2000.
Speaker, California After Proposition 209, Meeting of the Executive Council of the ABA Section on Business Law, Carlsbad, California, January 15, 2000.
Speaker, Eleventh Annual Envisioning California Conference, Center for California Studies, California State University--Sacramento, Sacramento, California, September 24, 1999.
Panelist, Affirmative Action, American Bar Association, Annual Convention, Atlanta, August 8, 1999.
Moderator, Political Discrimination in Academic Hiring and Academic Freedom, Eighth National Conference of the National Association of Scholars, Law Section Panel, Chicago, April 17, 1999.
Round Table Participant, Conference on the Thought of Edmund Burke, Institute for Law and Philosophy, University of Pennsylvania, Philadelphia, February 12-13, 1999.
Speaker, State Initiatives in Civil Rights Laws, Federalist Society National Lawyers’ Convention, Washington, D.C., November 12, 1998.
Speaker, Affirmative Action in Management, Academy of Management, Annual Conference, San Diego, August 11, 1998.
Speaker, California Summit on Race, Stanford University, January 30, 1998.
Round Table Participant, Colloquium on Self-Defense Liberty and Responsibility, Easton, Maryland, May 1-4, 1997.
Speaker, Conference on Race and American Constitutionalism, Loyola University of New Orleans School of Law, New Orleans, March 13-15, 1997.


Chair, California State Advisory Committee to the U.S. Commission on Civil Rights (since 2006).

Chair, Executive Committee on Civil Rights, Federalist Society (since 2005)(member since 1998)
Chair, Association of American Law Schools Section on Remedies (2001-2002).
Board of Directors, Adam Smith of California (2001- 2006 ).
Member, Committee on the Faculty Division Annual Meeting, Federalist Society (since 2000).
Treasurer, California Association of Scholars (2000-2007).
Chair, Law Section, National Association of Scholars (since 2000).
Founder & Director, USD Entrepreneurship Clinic Project (2000).
Board of Directors, National Association of Scholars (since1997).
Legal Affairs Council Member, American Civil Rights Institute (since 1997).
Statewide Co-Chair, Proposition 209 Campaign (1996).
Board of Directors, California Association of Scholars (since 1996).


University of Chicago Law School–J.D. 1981 cum laude
(In 1981, cum laude was awarded to the top 9% of the class.)

Honors: Order of the Coif, Associate Editor, University of Chicago Law Review.
Comment: Civil Discovery of Grand Jury Documents, 46 U. Chi. L. Rev. 604 (1980)

Northwestern University–B.A. 1978 with highest distinction
(In 1978, highest distinction was awarded to the top 1% or 2% of the class.)
Major: Political Science with minor concentrations in economics and art history.

Honors: Phi Beta Kappa; Three-Year B.A. Program Participant, Alpha Lambda Delta Honor Society

Revised 4/23/09

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