Category Archives: Constitutional Law

4th Circuit Decision: Implicit Bias a More Probable Cause of Discrimination Today

By Mona Tawatao A decision issued last week by the Fourth Circuit Court of Appeals included a groundbreaking acknowledgment that modern-day discrimination is more likely caused by “nuanced decisions” and implicit bias. In Woods v. City of Greensboro, the court reinforced established precedent that says that just because plaintiffs claiming race discrimination were treated favorably […]
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EJS Applauds SCOTUS Fair Housing Decision Citing Implicit Bias

The Equal Justice Society applauds the U.S. Supreme Court’s ruling today in Texas Department of Housing v. The Inclusive Communities Project confirming the continued importance of disparate impact as a tool for addressing housing discrimination under the Fair Housing Act. In this decision, the Supreme Court reaffirmed 45 years of legal precedent, including eleven appellate […]
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EJS Joins Groups Challenging Corporate Claim to Constitutional Right to Conceal Pesticide and Genetically-Engineered Crop Usage

Free Speech For People, a nonprofit legal advocacy and public education group, on June 2, 2014, filed an amicus brief before the US District Court for the District of Hawaii in the case of Syngenta Seeds v. County of Kaua‘i, arguing that agribusiness corporations do not have a constitutional right, under the U.S. Constitution’s Equal […]
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EJS Troubled and Disappointed by SCOTUS Decision in Schuette

The Equal Justice Society is deeply disappointed and troubled by the Supreme Court’s decision today in Schuette v. Coalition to Defend Affirmative Action. The case questioned whether Michigan violated the Equal Protection Clause when it enacted a constitutional amendment banning affirmative action in higher education. The Court ruled that voters could enact such state constitutional […]
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Brief Filed with Supreme Court in Mt. Holly Case Says Implicit Bias a Major Cause of Housing Discrimination

UPDATE (JUNE 2014): An article by the Equal Justice Society and attorneys from Wilson Sonsini Goodrich & Rosati is in the latest edition of the Hastings Race & Poverty Law Journal. The article, “Lessons from Mt. Holly: Leading Scholars Demonstrate Need for Disparate Impact Standard to Combat Implicit Bias,” is based on the amicus brief filed […]
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