Reviews history and application of Title VII of the Civil Rights Act of 1964 to argue that adverse impact definition of test discrimination embodied in unanimous 1971 Supreme Court decision in Griggs versus Duke Power Company and its progeny is the product of successful advocacy of unelected bureaucrats rather than a product of public…

This paper addresses problems confronting law school teachers in grading law school exams and assigning letter grades. Using prototypical dialogue and scenarios, the paper examines mathematical and statistical issues that contribute to grading errors. Discussed in relation to real world data and the bar exam are: differential weighting, combining…