Recommended Citation

Eric Schnapper, Perpetuation of Past Discrimination, 96 Harv. L. Rev. 828 (1983), https://digitalcommons.law.uw.edu/faculty-articles/302

Authors

Eric Schnapper, University of Washington School of LawFollow

Perpetuation of Past Discrimination

Publication Title

Harvard Law Review

Document Type

Article

Abstract

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.