Just posted to SSRN "Disparate Treatment and Discriminatory Harm" forthcoming Legal Theory, with Lily Hu (Yale, Philosophy): It explores how one evaluates when a facially neutral law, which is adopted with an impermissible intent, produces a discriminatory effect. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Disparate Treatment and Discriminatory Harm
<p><i><span>When do facially neutral laws, which treat people differently on the basis of traits that are not legally suspect, amount to disparate treatment on