Moneyball Sentencing

University of New Mexico School of Law Professor Dawinder Sidhu has an excellent article available at SSRN about the criminal justice’s system increasing use of statistics to predict a defendant’s future dangerousness.  Professor Sidhu analogizes to the concept of Moneyball—or … Continue reading

Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

Analysis of the teacher tenure case

As reported earlier on the Liberty Blog, the Superior Court for Los Angeles County issued a decision striking down three California statutes that relate to employment of California’s public school teachers.  The lawsuit was brought by Students Matter on behalf of … Continue reading

Schools illegally suspended students to comply with feds’ disparate-impact mandate?

A few months ago, I wrote about the Obama Administration’s announcement that it would apply disparate-impact theory to schools’ discipline policies. According to the Administration, a school presumably violates multiple federal laws if it punishes students of any particular race … Continue reading

Support for disparate-impact doctrine is based on misconceptions

While support for racial preferences is declining across all demographics, disparate-impact theory continues to grow. Attorney General Eric Holder recently reaffirmed the Obama Administration’s commitment to the doctrine when speaking at Morgan State University. If Americans are staunchly opposed to … Continue reading

Unequal pay?

There’s been a lot of high-profile talk about equality lately.  President Barack Obama has been trying to make political hay by railing against unequal pay between the sexes, and former President Jimmy Carter recently expressed similar sentiment in a speech. … Continue reading

EEOC: disparate impact for thee, but not for me

Yesterday the Sixth Circuit shut down the Equal Employment Opportunity Commission’s suit against Kaplan University in EEOC v. Kaplan.  EEOC had alleged that Kaplan’s policy of conducting credit checks on job applicants had a disparate impact on minorities.  Perhaps EEOC … Continue reading

Will one of the Supreme Court’s worst decisions finally be overruled?

In 1944, the Supreme Court — in one of its most widely-condemned decisions — shamefully upheld the constitutionality of the internment of Japanese-Americans across the West Coast. It did so paying lip service to the Constitution’s deep distrust of government … Continue reading

Study shows EEOC’s disparate impact cure is worse than the disease

A group of congressmen have introduced a bill that would ban employers from considering job applicants’ credit histories.  As we’ve noted before, the Equal Employment Opportunity Commission has proscesuted companies’ for using credit and background checks due to the practices’ purported … Continue reading

PLF argues government can’t enact laws solely to protect existing businesses from legitimate competition

Milwaukee resident Ghaleb Ibrahim simply wants to own and operate his own taxicab.  But that city’s ordinance denies him the right to earn a living as a taxicab driver—not because he is unqualified, but because Milwaukee capped the amount of available … Continue reading