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Physical Sciences and Mathematics Commons

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Full-Text Articles in Physical Sciences and Mathematics

Toward A Coherent Test For Disparate Impact Discrimination, Jennifer L. Peresie Jul 2009

Toward A Coherent Test For Disparate Impact Discrimination, Jennifer L. Peresie

Indiana Law Journal

Statistics are generally plaintiffs' primary evidence in establishing a prima facie case of disparate impact discrimination. Thus, the use, or misuse, of statistics dictates case outcomes. Lacking a coherent test for disparate impact, courts choose between the two prevailing tests, statistical significance and the four-fifths rule, in deciding cases, and these tests frequently produce opposite results. Litigants thus face considerable uncertainty and the risk that a judge's preferred outcome will dictate which test is applied. This Article recognizes that the two tests perform complementary functions that both play a useful role in determining whether liability should be imposed. statistical significance …


Judicial Prediction And Analysis From Empirical Probability Tables, Stuart S. Nagel Apr 1966

Judicial Prediction And Analysis From Empirical Probability Tables, Stuart S. Nagel

Indiana Law Journal

No abstract provided.


Appendix: Statistical Analyses Of Diversity Jurisdiction Jul 1965

Appendix: Statistical Analyses Of Diversity Jurisdiction

Indiana Law Journal

No abstract provided.