Law Commons^™

Race And Crime Sixty Years After Brown V. Board Of Education, Donald A. Dripps

San Diego Law Review

Whether the Court, let alone the electorate, has the political will to start down this path is another question. But I remind myself that Dr. King did not despair in his Birmingham jail cell, that Ruth Bader Ginsburg did not despair when asked by the Dean of the Harvard Law School why she was taking a place from a man, and that Evan Wolfson did not despair when the high Court declared that any claim of a constitutional right to private sex between consenting adults was “at best, facetious.”

Ever since abolitionism, the heroes of every American civil rights movement …

Disparate Impact: Fairness Or Efficiency?, Larry Alexander

San Diego Law Review

Here is a stylized, simplified account of the disparate impact branch of discrimination law. Employer (E) uses certain criteria—which I shall call “the test”—to determine whom to employ. Those who qualify under the test may be disproportionately of a certain race, sex, national origin, or religion. I shall call those races, sexes, et cetera, that are disproportionately qualified under the test “the preferred,” and those races, sexes, et cetera, that are disproportionately unqualified under the test “the dispreferred.” In a disparate impact discrimination case—and again, I am simplifying somewhat, though immaterially—an employee candidate (C) who is both a member of …