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Articles 1 - 4 of 4
Full-Text Articles in Law and Race
Lethal Discrimination, J. Thomas Sullivan
The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew
The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew
Articles
This essay documents the lack of Asian-American judges and considers the consequences.
Seeing Subtle Racism, Pat K. Chew
Seeing Subtle Racism, Pat K. Chew
Articles
Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant racist incidents rather than more subtle examples of racial intimidation, humiliation, or exclusion. But some groundbreaking jurists are cognizant of the reality and harm of subtle bias - and are acknowledging them in their analysis in racial harassment cases. While not yet widely recognized, the jurists are nonetheless creating important precedents for a re-interpretation of racial harassment jurisprudence, and by extension, employment discrimination …
The Future Of Disparate Impact, Richard A. Primus
The Future Of Disparate Impact, Richard A. Primus
Articles
The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.