Trump-era executive orders, police hiring standards, and college admissions all converge in a decades-long debate over disparate impact, one of the most misunderstood yet consequential doctrines in civil rights law. In this episode of Stanford Legal, Professor Ralph Richard Banks, faculty director of the Stanford Center for Racial Justice, joins host Professor Pamela Karlan for a deep dive into how the disparate impact doctrine really works, why it matters, and what’s at stake when it’s attacked in the name of “meritocracy.” From the landmark Griggs case to modern college admissions, Banks dissects the arguments on all sides—showing how this sometimes-vilified legal doctrine not only helps root out discrimination, but can also strengthen, rather than undermine, meritocracy.

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Rick Banks >>> Stanford Law page

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Episode Transcripts >>> Stanford Legal Podcast Website
Stanford Legal Podcast >>> LinkedIn Page
Rich Ford >>> Twitter/X
Pam Karlan >>> Stanford Law School Page
Stanford Law School >>> Twitter/X
Stanford Lawyer Magazine >>> Twitter/X

(00:00:00) Introduction to Executive Orders and Disparate Impact

(00:03:30) The Function and Impact of Universities in Society

(00:09:46) Understanding Different Measures of Merit

(00:13:20) Legacy Preferences and Nepotistic Systems

(00:18:16) Disparate Impact in Standardized Testing

(00:23:38) The Future of College Admissions and Rick Banks' Upcoming Book

Trump’s Executive Orders, Culture Wars, and Civil Rights