Romer Has It
Vol. 136 No. 7
A quick scan of LGBTQ-rights victories from the last two decades paints an indisputable picture of progress, a triumphant string of Supreme Court decisions...
Discrimination
A Plea for Affirmative Action
Vol. 136 No. 3
Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization . During the Supreme Court’s 2022 October...
Complicit Bias and the Supreme Court
Response to Race in the Roberts Court
Vol. 136 No. 2
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. Justice Oliver Wendell...
Discrimination Blocking: A New Compelling Interest for Affirmative Action
Vol. 136 No. 2
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application was compelling but contained a...
Rollerson v. Brazos River Harbor Navigation District
Fifth Circuit Judges Cast Doubt on Environmental Justice Suits
Vol. 135 No. 7
Discriminatory Taint
Vol. 135 No. 5
The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of...
Title VII and Caste Discrimination
Vol. 134 No. 8
In the United States, caste oppression is real and present in our midst. In the summer of 2020, several employees of large tech firms...
Monopolizing Whiteness
Vol. 134 No. 7
In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income,...
Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment
Vol. 134 No. 5
Equal protection doctrine is bound up in conceptions of intent. Unintended harms from well-meaning persons are, quite simply, nonactionable. This basic predicate has erected...
Gogel v. Kia Motors Manufacturing of Georgia, Inc.
Eleventh Circuit Holds that Human Resource Employee’s Encouragement of Coworker to File EEOC Charge Was Not Protected Activity.
Vol. 134 No. 4