THE BUT-FOR THEORY OF ANTI-DISCRIMINATION LAW

Research output: Contribution to journalArticlepeer-review

2 Scopus citations

Abstract

Discrimination law has long been in theoretical crisis. Its central theory-disparate treatment law-has no agreed-upon core principles. Because prevailing theories of discrimination once treated "disparate treatment"and "discriminatory intent"as coextensive-something we now know not to be true-it is unclear whether all "disparate treatment"is truly proscribed. In the absence of a clear commitment to proscribing all disparate treatment, judicial law-making has run amok. The result has been the development of a network of technical rules that have all but eclipsed the factual question of whether discrimination took place, and that have been devastating to discrimination plaintiffs' success.

Original languageEnglish (US)
Pages (from-to)1621-1710
Number of pages90
JournalVirginia Law Review
Volume107
Issue number8
StatePublished - Dec 2021
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Law

Fingerprint

Dive into the research topics of 'THE BUT-FOR THEORY OF ANTI-DISCRIMINATION LAW'. Together they form a unique fingerprint.

Cite this