This seminar will explore the contours of federal anti-discrimination law, focusing both on legal doctrine and underlying theory. The seminar will proceed topically, and will examine federal anti-discrimination measures in education, employment, voting, housing, and health care. Considerable attention will be given to how these measures address race discrimination but time will also be devoted to the application of these provisions to discrimination based on gender, disability, family status, and national origin. Topics will include the role of discriminatory intent, disparate impact, burdens of proof, and the crafting, enforcement and termination of remedial measures. The seminar seeks to provide an operational overview of the federal anti-discrimination regime while pressing students to consider what role federal anti-discrimination law should play in 2011 going forward.
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