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"Public Notice Forums": Choosing Among Alternatives to Confront the Intent Requirement
The requirement to prove that discrimination was intentional has long
been a difficult barrier to overcome by plaintiffs challenging
government policies that have disparate racial impact. A new legal
strategy seeks to surmount that barrier by relying on the U.S. Supreme
Court's ruling in City of Canton v. Harris that intent can be
inferred when government officials choose a harmful course of action
from among alternatives. Advocates are relying on "public notice forums"
to put officials on notice of the impact of existing policies and of
proven alternatives that would reduce racial disparities.
Copies of this article are available for purchase online for $15 apiece.
Related Articles
- Bill Kennedy, Emily Fisher, & Colin Bailey, Framing in Race-Conscious Anti-Poverty Advocacy: A Science-Based Guide to Delivering Your Most Persuasive Message (January - February 2010)
- Cristóbal Joshua Alex, The Rollback of Civil Rights in the Courts and the Potential Impact of the Civil Rights Act of 2008 (November - December 2008)
- Eva Jefferson Paterson, Kimberly Thomas Rapp, and Shannon Seibert, Forging Ahead Beyond Intent (September - October 2006)
- John Pollock, Breathing Life into Intent: Proving Racially Discriminatory Purpose in a Post-Arlington Heights World (September - October 2006)
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