Death to Disparate Impact – Recently Garrett Moritz and I lobbed some friendly blog comments at each other over disparate impact. Look here. Moritz’s point, or one of his points, was that I was “tilting at windmills” because disparate impact was already a corpse, executed and interred by conservative courts.
It still lives in a few legal nooks and crannies, however, one of which is federal housing law. For a good discussion of this issue see Roger Clegg’s excellent article on NRO about an unheralded case the Supremes agreed to hear at the very end of the last term. I agree wholeheartedly with Howard Bashman that Roger Clegg’s essays are worth your time.
