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Full-Text Articles in Law
Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford
Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford
Missouri Law Review
This Note will provide a brief overview of the history of disparate impact claims under the FHA and outline why they are an important tool in fighting housing discrimination in the United States. The ruling of the Third Circuit preserves this important tool and will help to protect minority homeowners from future discriminatory redevelopment of their neighborhoods. The parties settled this case on November 13, 2013, before the Supreme Court could rule on its merits. Should the Supreme Court hold in a future case that disparate impact claims are not cognizable under the FHA the Court would strike a serious …
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush
Missouri Law Review
Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …
Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz
Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz
Faculty Publications
Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of women, including many single mothers, among payday loan borrowers. This takes a toll not only on these women and their families, but also on society as a whole. Indeed, context matters in payday lending debates. It is thus time to think creatively and consider contextualized programs that aim to increase women’s and all consumers’ safe borrowing options, …
Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz
Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz
Faculty Publications
“Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores and classify consumers into segments. Companies then use these consumer scores and segmentations for marketing and to determine what deals, offers, and remedies they provide to different individuals. These valuations and classifications are based on not only consumers’ financial histories and relevant interests, but also their race, gender, ZIP Code, social status, education, familial ties, and a wide range of additional data. Nonetheless, consumers are largely unaware of these scores and segmentations, …