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Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
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Justice Kennedy's Big New Idea, Sandra F. Sperino
Justice Kennedy's Big New Idea, Sandra F. Sperino
Faculty Articles and Other Publications
In a 2015 case, the Supreme Court held that plaintiffs could bring disparate impact claims under the Fair Housing Act (the "FHA"). In the majority opinion, Justice Kennedy relied heavily on the text and supporting case law interpreting Title VII of the Civil Rights Act ("Title VII") and the Age Discrimination in Employment Act (the "ADEA '). Without explicitly recognizing the powerful new idea he was advocating, Justice Kennedy's majority opinion radically reconceptualized federal employment discrimination jurisprudence. This new reading of Title VII and the ADEA changes both the theoretical framing of the discrimination statutes and greatly expands their scope. …