The responsibility for uncovering discrimination falls on both scholars and civil rights enforcement officials. Scholars ask whether discrimination exists and why it arises; enforcement officials ask whether particular firms are discriminating. This article investigates the points of commonality and divergence in these two lines of inquiry. We demonstrate a need for more research focusing on discrimination as defined by the law and for more enforcement building on the methodological lessons in the research literature. We also show that disparate-impact discrimination cannot be identified with current enforcement tools but could be identified with methods in the scholarly literature. Copyright 2006, Oxford University Press.
American Law and Economics Review is edited by Hon. Richard A. Posner
More articles in American Law and Economics Review from Oxford University Press Address: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK Series data maintained by Oxford University Press ().