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Deborah Hellman @hellmandeborah.bsky.social · 15/01/2026

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

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Deborah Hellman @hellmandeborah.bsky.social · 04/10/2025

If you an alum of one of the schools that the Trump administration just made an "offer" for preferential treatment to, please sign this petition to indicate that as an alum you do not believe your school should trade its independence for special treatment. alumni.controlshift.app/petitions/tr...

alumni.controlshift.app

STAND WITH YOUR SCHOOL: Trump attacks 9 universities. Sign the alumni petition now.

Are you an alum from one of the 9 schools Trump just attacked? Sign this alumni petition now to support your school, defend democracy, and build a grassroots movement for campus freedom across America...

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Deborah Hellman @hellmandeborah.bsky.social · 30/07/2025

I wrote an entry for the Stanford Encyclopedia of Philosophy on Algorithmic Fairness. It is here: plato.stanford.edu/entries/algo... I found this a challenging but facinating project. Comments welcome.

plato.stanford.edu

Algorithmic Fairness (Stanford Encyclopedia of Philosophy)

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Deborah Hellman @hellmandeborah.bsky.social · 15/07/2025

Thank you Larry for writing such a lovely tribute. Dick was also a mentor, teacher and dear friend to me and I will miss him greatly. A great mind, a deep scholar, a charitable critic and a supportive and encouraging colleague.

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Deborah Hellman @hellmandeborah.bsky.social · 15/07/2025

To me, Dick Fallon was an important mentor, a trusted critic and a dear friend. I will miss him tremendously.

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Deborah Hellman @hellmandeborah.bsky.social · 03/07/2025

Key take away is that the Trump admin adopts a disparate impact theory in this finding while rejecting it elsewhere.

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Deborah Hellman @hellmandeborah.bsky.social · 30/06/2025

My essay with @beidelson.bsky.social in Harvard Law Review Forum went live on June 20 but today seems like an apt time to post it given reports that "Trump Administration Finds Harvard Violated Civil Rights Law" in NYT. Our take-away: campus anti-Zionist activity is unlikely to violate Title VI.

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Reposted by Deborah Hellman

Ben Eidelson @beidelson.bsky.social · 24/06/2025

"Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" is now out: tinyurl.com/3wpvbnzu Thanks to HLR editors for fast & diligent editing and to the many who've engaged with us since we posted the draft. And of course to @hellmandeborah.bsky.social for another great collaboration.

harvardlawreview.org

Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed - Harvard Law Review

The past eighteen months have seen an unprecedented wave of claims by public officials and private plaintiffs that universities are violating their legal obligations...

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Reposted by Deborah Hellman

Ben Eidelson @beidelson.bsky.social · 01/06/2025

Trump's renunciation of disparate impact is ironic: As @hellmandeborah.bsky.social and I explain in new paper, the disparate impact regulation is likely essential to any plausible Title VI theory re: campus antisemitism. Reporters should ask if they're making an exception! ssrn.com/abstract=527...

washingtonpost.com

Discrimination cases unravel as Trump scraps core civil rights tenet

The administration is dismissing cases and unwinding settlements built on "disparate impact," which holds that even neutral policies can lead to biased outcomes.

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Deborah Hellman @hellmandeborah.bsky.social · 02/06/2025

@chronicle.com posted a Q&A @shenandoahkate.bsky.social where @beidelson.bsky.social and I discuss our recent article. Full paper: papers.ssrn.com/sol3/papers.....

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

Yes, thanks to all those listed below and also to @richschragger.bsky.social, Kim Forde-Mazrui, and David Plunkett. And especially to @beidelson.bsky.social - always learn so much from our discussions.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

Finally, we examine whether a university itself might be engaging in disparate treatment by being more solicitous of hostility directed at some groups than others. This claim is also likely weak as universities have good reason to tolerate political speech that offends.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

Even if an environment is hostile to students of Jewish ancestry, a university would not be in violation of Title VI unless it were "deliberately indifferent" to this fact. Given the importance of debate to a university's mission, such a standard will be tough to meet.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

Another way to frame a hostile environment claim is by focusing on whether the environment is experienced as hostile. However, this claim has a disparate impact quality and so will be difficult to make out -- especially given the adminstration's recent rejection of disparate impact.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

2. While Title VI would prohibit a university being "deliberatiely indifferent" to a hostile environment for students of Jewish ancestry, that hostile environment most likely must arise from students treating other students different because they are Jews, not because they are Zionists.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

A claim that a university has violated Title VI by tolerating anti-Zionist activities would face several significant hurdles. 1. Title VI doesn't cover religion and so antisemitism is covered only to the extent that anti-Jewish activities target people of Jewish ancestry (Jewishness as a race).

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

New to Bluesky, and posting a new paper: "Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" -- with @beidelson.bsky.social. Forthcoming in Harv. L. Rev. Forum in June. (papers.ssrn.com/sol3/papers....). A thread follows.

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Deborah Hellman @hellmandeborah.bsky.social · 27/05/2025

I've just joined BlueSky and need help from friends to gather followers. So @uvalaw.bsky.social, and other faculty and students, please share/follow. I write about discrimination law and its philosophical foundations and about bribery and corruption. Am interested in all things law and philosophy.

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