The 162-year-old False Claims Act, passed by Congress in 1863, might be the key to forcing universities to follow the law when it comes to abandoning practices that favor illegal affirmative action and race-selective policies, and diversity, equity and inclusion programs, some legal scholars say.
Originally approved to address widespread fraud by defense contractors during the Civil War, it can be used today to threatened colleges and universities that continue to employ unconstitutional racial preference practices with draconian fines, argued Louis Bonham, an intellectual property litigator, for Legal Insurrection.
The law works by giving whistleblowers a share of the cut, which means universities that seek to hide pro-DEI efforts by renaming them or doing them under the radar would be at grave risk from campus officials who want to out them for a share of the profit, he wrote:
[F]aced with the choice of foregoing federal funds (which would be fiscally impossible for most schools) and ending DEI programs (which the school may view as a moral imperative, regardless of their illegality), most schools will likely choose door number 3: they will falsely certify that they do not have discriminatory programs or practices, but will continue them sub rosa. This is the same attitude evidenced by UC Berkeley law school Dean Erwin Chemerinski’s admission (on video) that notwithstanding the Supreme Court’s SFFA decision, his school continues to engage in “unstated affirmative...
With a growing share of insurance executives viewing generative artificial intelligence as a tool for streamlining and improving functions like fraud detection, Deloitte predicts that AI technolog...