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American Law and Economics Review Advance Access originally published online on December 5, 2006
American Law and Economics Review 2006 8(3):562-614; doi:10.1093/aler/ahl015
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© The Author 2006. Published by Oxford University Press on behalf of the American Law and Economics Association. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Uncovering Discrimination: A Comparison of the Methods Used by Scholars and Civil Rights Enforcement Officials

Stephen L. Ross

University of Connecticut

John Yinger

Maxwell School, Syracuse University

Send correspondence to: John Yinger, Syracuse University, 426 Eggers Hall, Syracuse, NY 13244; Phone: 315-443-9062; Fax: 315-443-1081; E-mail: jyinger{at}maxwell.syr.edu.

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.


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