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 language||English (US)|
|Number of pages||90|
|Journal||Virginia Law Review|
|State||Published - Dec 2021|
All Science Journal Classification (ASJC) codes