Is There a Disperate Impact?

Gail Heriot is a Professor of Law at the University of San Diego School of Law and a member of the United States Commission on Civil Rights. She joins the podcast to explain the connections between civil rights law and wokeness, how disparate impact criminalizes everything and leads to arbitrary government power, and the real-world consequences of these laws in corporate and university settings. She and Richard also discuss why Republicans are afraid to push back against civil rights law, the current Critical Race Theory controversy as a sign things are changing, and the importance of politicians being pressured by their base. Finally, Gail gives practical advice on what the most important components of an anti-woke agenda would look like, and how she’d like to see politicians treat these issues going forward.  A full transcript of the conversation is available here. 

Gail Heriot, “The Roots of Wokeness: Title VII Damage Remedies as Potential Drivers of Attitudes Toward Identity Politics and Free Expression.”

Gail Heriot, “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.”

Gail Heriot, “The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong For Students and Teachers, Wrong on the Law.”

Richard Hanania, “Woke Institutions is Just Civil Rights Law.”

Eugene Volokh, “Harassment Law and Free Speech Doctrine.”

Bostock v. Clayton County



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