The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways: A Comment on Owen Fiss’s Brennan Lecture

@article{Siegel2018TheCO,
  title={The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways: A Comment on Owen Fiss’s Brennan Lecture},
  author={Reva B. Siegel},
  journal={California Law Review},
  year={2018},
  volume={106},
  pages={2001}
}
  • Reva B. Siegel
  • Published 2018
  • Political Science, Sociology
  • California Law Review
Responding to Owen Fiss’s call for the Court to recognize the constitutional status of the Griggs principle, I question court-centered accounts of constitutional change and examine the constitutional development of disparate impact law inside and outside of the courts. To illustrate the important role that democratic actors have played in shaping the development of disparate impact law, I sample conflict over disparate impact standards across all three branches of the federal government since… Expand

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