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Full-Text Articles in Law
Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle
Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle
Faculty Publications
No abstract provided.
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.