Lino Graglia
Encyclopedia
Lino A. Graglia Italian American
, is the Dalton Cross Professor of Law at the University of Texas
specializing in antitrust
litigation. He earned a BA
from the City College of New York
in 1952, and an LLB from Columbia University
in 1954, before working in the Eisenhower administration's United States Department of Justice
. He thereafter practiced law in Washington, D.C.
and New York City
before joining the University of Texas' law school in 1966.
Graglia is "one of the most conservative legal academics in the United States." He is a well known critic of affirmative action
and racial quotas
, and a critic of some aspects of judicial review
, believing that the courts are an illegitimate avenue for securing social change. He accuses modern liberals of making an end-run around democracy by seeking political victories in front of judges instead of at the ballot box.
His wife, F. Carolyn Graglia, is an author who has written a book critical of feminism entitled Domestic Tranquility: A Brief Against Feminism.
for a newly created federal judgeship on the United States Court of Appeals for the Fifth Circuit
, but he eventually was withdrawn in late spring 1986 due to controversy over articles Graglia had written about desegregation busing
as well as remarks Graglia made which were alleged to be racially insensitive. The following year, Reagan nominated Jerry Edwin Smith
to the seat to which Graglia had been nominated, and Smith was confirmed easily.
In an article titled The Affirmative Action Fraud, published in 1999 in the Journal of Urban and Contemporary Law, Graglia cited The Bell Curve
, a book by professor Richard J. Herrnstein and American Enterprise Institute
political scientist Charles Murray
, to assert the following:
Italian American
An Italian American , is an American of Italian ancestry. The designation may also refer to someone possessing Italian and American dual citizenship...
, is the Dalton Cross Professor of Law at the University of Texas
University of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
specializing in antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
litigation. He earned a BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from the City College of New York
City College of New York
The City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
in 1952, and an LLB from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1954, before working in the Eisenhower administration's United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. He thereafter practiced law in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
before joining the University of Texas' law school in 1966.
Graglia is "one of the most conservative legal academics in the United States." He is a well known critic of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
and racial quotas
Racial quotas
Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against...
, and a critic of some aspects of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, believing that the courts are an illegitimate avenue for securing social change. He accuses modern liberals of making an end-run around democracy by seeking political victories in front of judges instead of at the ballot box.
His wife, F. Carolyn Graglia, is an author who has written a book critical of feminism entitled Domestic Tranquility: A Brief Against Feminism.
Failed nomination to the Fifth Circuit
In the mid-1980s, Graglia was considered by President Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
for a newly created federal judgeship on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, but he eventually was withdrawn in late spring 1986 due to controversy over articles Graglia had written about desegregation busing
Desegregation busing
Desegregation busing in the United States is the practice of assigning and transporting students to schools in such a manner as to redress prior racial segregation of schools, or to overcome the effects of residential segregation on local school demographics.In 1954, the U.S...
as well as remarks Graglia made which were alleged to be racially insensitive. The following year, Reagan nominated Jerry Edwin Smith
Jerry Edwin Smith
Jerry Edwin Smith is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat...
to the seat to which Graglia had been nominated, and Smith was confirmed easily.
Controversial remarks
Graglia became controversial when he made a speech on UT campus in 1997 in which he said that "blacks and Mexican-Americans can't compete academically with whites." The comment was widely reported and generated discussions across the country.In an article titled The Affirmative Action Fraud, published in 1999 in the Journal of Urban and Contemporary Law, Graglia cited The Bell Curve
The Bell Curve
The Bell Curve is a best-selling and controversial 1994 book by the Harvard psychologist Richard J. Herrnstein and political scientist Charles Murray...
, a book by professor Richard J. Herrnstein and American Enterprise Institute
American Enterprise Institute
The American Enterprise Institute for Public Policy Research is a conservative think tank founded in 1943. Its stated mission is "to defend the principles and improve the institutions of American freedom and democratic capitalism—limited government, private enterprise, individual liberty and...
political scientist Charles Murray
Charles Murray
Charles Murray is the name of:*Charles Murray, 1st Earl of Dunmore *Charles Augustus Murray , British author diplomat*Charles Murray, 7th Earl of Dunmore *Charles James Murray , British politician...
, to assert the following:
- Blacks are not in fact 'underrepresented,' but rather 'overrepresented'—that is, their numbers are disproportionately high—in institutions of higher education once IQ scores are taken into account. PDF of article
Writings
- Disaster by Decree: The Supreme Court's Decision on Race and the Schools, 1976, ISBN 0-8014-0980-2
- The Supreme Court's Busing Decisions: A Study in Government by the Judiciary
- Courting Disaster: The Supreme Court and the Demise of Popular Government