Richard Primus (University of Michigan Law School) has posted The Future of Disparate Impact
(Michigan Law Review, Forthcoming) on SSRN. Here is the abstract:
The Supreme Court's decision in Ricci v. DeStefano (i.e., the New Haven firefighters case) foregrounded the question of whether Title VII's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
Recommended.