Explicit bias

JA Clarke - Nw. UL Rev., 2018 - HeinOnline
In recent decades, legal scholars have advanced sophisticated models for understanding
prejudice and discrimination, drawing on disciplines such as psychology, sociology, and …

Equality vs. equity

M Minow - American Journal of Law and Equality, 2021 - direct.mit.edu
“There'sa big difference between equality and equity,” said now Vice President Kamala
Harris as she ran for the presidency of the United States, and many millions watched and …

Against immutability

JA Clarke - Yale LJ, 2015 - HeinOnline
Courts often hold that antidiscrimination law protects" immutable" characteristics, like sex
and race. In a series of recent cases, gay rights advocates have persuaded courts to expand …

Big data blacklisting

M Hu - Fla. L. Rev., 2015 - HeinOnline
Abstract" Big data blacklisting" is the process of categorizing individuals as administratively"
guilty until proven innocent" by virtue of suspicious digital data and database screening …

The Spectrum of Congressional Authority over Elections

F Tolson - BUL Rev., 2019 - HeinOnline
Congress routinely fails to articulate the source of authority pursuant to which it enacts
federal statutes. This oversight forces the Supreme Court to sustain the constitutionality of …

Disparate Impact and the Unity of Equality Law

ND Zatz - BUL Rev., 2017 - HeinOnline
" We asked for workers, but people came."'Workers have lives off the job and life stories that
precede it. This basic point confounds efforts to treat" the labor market" as a sphere unto …

Election Law Federalism

J Weinstein-Tull - Mich. L. Rev., 2015 - HeinOnline
The Supreme Court recently hobbled section 5 of the Voting Rights Act in Shelby County v.
Holder.'Section 2-the Voting Rights Act's other major antidiscrimination provision-is in the …

General Citizenship Rights

J Campbell - Yale LJ, 2022 - HeinOnline
Current scholarship and case law assume that citizenship rights come in only two sets: state
and national. This binary approach reflects broader contemporary attitudes about the …

Balancing equity and effectiveness: The Paris agreement & the future of international climate change law

CP Carlarne, JD Colavecchio - NYU Envtl. LJ, 2019 - HeinOnline
I do not pretend to understand the moral universe, the arc is a long one, my eye reaches but
little ways. I cannot calculate the curve and complete the figure by the experience of sight; I …

Unfulfilled promises of the fintech revolution

LS Jones, GP Maynard Jr - Cal. L. Rev., 2023 - HeinOnline
2. See The Fintech Revolution, ECONOMIST(May 9, 2015), https://www. economist.
com/leaders/2015/05/09/the-fintech-revolution[https://perma. cc/3FQW-UUZC](discussing …