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Now that we’re finished with disparate impact, it’s time for an audio podcast summary of the topic: disparate impact. You’ll be relieved to note that it’s substantially smaller than the disparate treatment summary. And, as usual, the written version is on TWEN under class materials.

Here is the audio podcast summary for disparate treatment: Disparate Treatment. It’s longer than I prefer, but that’s partly due to the fact that I include at the beginning a little bit of an introductory summary of the laws that apply to discrimination and an overview of the two main theories of discrimination. Let me know if you want me to address anything in more detail or break things down into more basic terms.

Counting Mixed-Race America Grows Ever More Complex – NYTimes.com.

This is highly relevant to our consideration of race in employment discrimination.

Apropos of a discussion we had in criminal law on @bystanders, I found this NPR story thought provoking:  http://www.npr.org/2011/01/10/132809397/the-dilemma-of-the-bystander

I had to re-record this one, sorry! legislative court

Up for argument tomorrow is an important Eleventh Amendment case. Here is the Scotusblog page for the case: Virginia Office for Protection and Advocacy v. Stewart : SCOTUSblog.

The issue is whether an independent state agency can sue state officials in federal court for violations of federal law. The Fourth Circuit held that it could not, that Ex Parte Young was not a vehicle that the agency could use to bring suit against officials of the same state.

I’m sympathetic to the desire of the federal court to avoid getting involved in an intrastate dispute like this one, but 11th amendment immunity does not seem a good fit here. Why should the 11th amendment apply when a state is a plaintiff?

In the interests of full disclosure, I signed on to one of the amicus briefs in this case, so I have rather strong feelings on the subject.

Here is the last podcast for federal courts: 1983

And here is the 11th Amendment podcast: State Immunity

Here is a summary of the law to apply in federal courts–and in state courts hearing federal issues. I’ve also covered federal common law here. Law to be applied

Here it is, the podcast on general defenses: Defenses. Feel free to come see me as we wind down the semester with  questions about anything.

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