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Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Michigan Journal of Race and Law
Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …
Causation In Antidiscrimination Law: Beyond Intent Versus Impact , Sheila R. Foster
Causation In Antidiscrimination Law: Beyond Intent Versus Impact , Sheila R. Foster
Faculty Scholarship
Antidiscrimination law and scholarship have long been engaged in the debate over whether a discriminatory intent or disparate impact test best captures the type of discrimination the law should, or can, prohibit. This Article suggests that we move beyond this dichotomous debate and focus instead on how courts reason about discrimination cases brought under both the intent and impact doctrines. This Article identifies a distinct pattern, or framework, in the way courts reason about discrimination in both types of cases that defies neat doctrinal labels. reasoning process, which I shorthandedly refer to as "causation," is at the heart of evidentiary …