GROSSMAN & SHAPIRO:  “Disparate Impact:  The Next Step in Restoring Meritocracy Is to Reject the Theory That Proportionate Outcomes Equal Fairness.”  Yes!

If you want to understand disparate impact read Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.  It’s really shocking just how insane the original Supreme Court decision–Griggs v. Duke Power Co. (1971)–was.  Chief Justice Warren Burger (appointed by Nixon) was as thick as two short planks.