Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

Reviews legal theory and major affirmative-action court litigation in two areas involving public education: employment and student placement. Four U.S. Supreme Court justices solidly oppose affirmative-action plans not directly linked to governmental discrimination. Schools should consult attorneys, not advocates, as…