Sullivan on The Future of Disparate Impact

Charlie Sullivan (Seton Hall) has just posted on Northwestern U. L. Rev. Colloquy Ricci v. DeStefano: End of the Line or Just Another Turn on the Disparate Impact Road?  Here's the opening salvo:

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefano may be exaggerated.  Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding disparate impact.

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