Prerequisites: Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment
Exam: No Exam
Anti-discrimination law is evolving in complex ways. This seminar explores some of those cross-currents across several areas, considering substantive statutory and constitutional law as well as developments in procedural doctrines. After a brief review of bedrock concepts (tiers of scrutiny, disparate treatment versus disparate impact), the seminar will consider several normative accounts of anti-discrimination law. It will then cover some contemporary strands of Supreme Court doctrine on substantive areas of anti-discrimination law. It will also consider the relationship between trans-substantive procedural doctrines – such as the standards for pleading and the rules governing class certification – and anti-discrimination norms. It will conclude with a discussion of recent lower-court cases involving racial profiling and discriminatory policing practices.