Our legal system is committed to the idea that private markets and the law of contracts that
supports them are the primary institutions for allocating goods and services in a modern …

T he relationship between equal protection and facially neutral practices with discriminatory
effects has been the subject of two rounds of legal questions. In the first round, the issue was …

Beginning in the 1990s, police departments in major American cities started aggressively
deploying pedestrian stops and body searches in response to escalating violent crime …

Taxing Women comprises both an insightful, critical analysis of the gender biases in current
tax laws and a wake-up call for all those concerned with gender justice to pay more attention …

IN DEFENSE OF THE MINISTERIAL EXCEPTION* Page 1 IN DEFENSE OF THE MINISTERIAL
EXCEPTION* CHRISTOPHER C. LUND** Over the past forty years, courts have developed the …

There are two overlapping debates regarding gender discrimination in the workplace. The
first of these-what I shall call the descriptive debate-is an argument over the direction and …

African American welfare recipients have less access to education and childcare services
than their white counterparts and, in the wake of welfare reform efforts, are less likely to …

All employment discrimination laws carry forth a dual objective. These laws embody both a
straightforward anti-discrimination command and a redistributive norm. At their simplest …

Is disparate impact a dead theory of employment discrimination? Definitely not. The theory
itself has a more stable legal status than it did when the Supreme Court embraced it in its …

Court has restricted the Equal Protection Clause to intentional discrimination by the
government, concluding that the Constitution does not prohibit private acts of discrimination …