Describes the disparate impact theory of discrimination, noting how its effect was recently on display in two high profile cases. Discusses the recent explosion of disparate impact lawsuits related to employment and education; examines why the disparate impact approach survives and thrives; explains the intent of disparate impact theory; and…

Discusses the conflict between anti-discrimination and important elements of the liberal tradition in the United States, focusing on: the limits of liberalism, the anti-discrimination revolution, the anti-discrimination regime, putting morality and politics back together, the moral revolution, the new pluralism, misinterpreting…