YES, TITLE VII DISPARATE IMPACT LIABILITY IS UNCONSTITUTIONAL: The Office of Legal Counsel’s 25-page opinion is important. It’s a breakthrough on an issue I’ve been working on for a long time. But … uh … what’s really important is that it cites me seven times. Purr. Josh Blackman has a short summary here. And my very, very long version (which is not as up-to-date as the OLC version, but has lots of background) is here.
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