Title: The Thirteenth Amendment, Disparate Impact, and Empathy Deficits
Abstract:INTRODUCTION Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act...INTRODUCTION Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since the ascent of the “color-blind” over the “antisubordination” reading of the Amendment, subjects even benign discrimination—that designed to help minorities—to searching constitu-Read More
Publication Year: 2016
Publication Date: 2016-01-01
Language: en
Type: article
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