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