I. Employment Discrimination
The articles below are grouped into two categories. The first group involves the explanation of the flaws in efforts to proved “job segregation” or “initial assignment discrimination” based solely on the way employees in different groups are distributed with a company and without regard to the composition of applicants seeking or willing to accept various position. The second group involves various other issues.
In the event any of the links on this page fail to retrieve the particular article, the article can still be found easily enough on the other pages of this site.
A. Job Segregation
"Women Employees' Case against Publix, Built on Wrong Data, Doesn't Compute," Miami Daily Business Review (Aug. 2, 1996)
"Multimillion-Dollar Settlements May Cause Employers to Avoid Hiring Women and Minorities for Less Desirable Jobs to Improve the Statistical Picture," The National Law Journal (Mar. 27, 1995)
http://jpscanlan.com/images/multimillion_cor_42405.pdf
"Unlucky Stores: Are They All Guilty of Discrimination?” San Francisco Daily Journal (Jan. 29, 1993)
http://jpscanlan.com/images/Unlucky_Stores.pdf
"Indiscriminate Reading of Statistics Can 'Prove' Bias Where None Exists," Manhattan Lawyer (Apr. 24, 1989)
"Are Bias Statistics Nonsense?" Legal Times (Apr. 17, 1989)
Are Bias Statistics Nonsense? (PDF Format)
"Illusions of Job Segregation," The Public Interest (Fall, 1988)
http://www.jpscanlan.com/images/Illusions_cor_42404.pdf
“Direct Regression and Reverse Regression: Contrasting Ways of Looking at the Wrong Information,” 1992 (unpublished)
B. Other Employment Discrimination Issues
"Measuring Hiring Discrimination," The Labor Law Journal (July, 1993)
http://jpscanlan.com/images/Measuring%20Hiring%20Discrimination.pdf
"Getting it Straight When Statistics Can Lie," Legal Times (June 28, 1993)
http://jpscanlan.com/images/Getting_it_Straight_When_Statistics_Can_Lie.pdf
"Study Misses Mark [o]n Discrimination in D.C." Washington Business Journal (May 18‑25, 1992)
"Slip-Up on Civil Rights Bill," Legal Times (Dec. 11, 1991):
Slip up in the Civil Rights Bill (PDF Format)
"Race, Color Bias Inseparable," Fulton County Daily Report (June 26, 1990)
"An Issue of Numbers," The National Law Journal (Mar. 5, 1990):
http://www.jpscanlan.com/images/An_Issue_of_Numbers.pdf
"The Bottom Line Limitation to the Rule of Griggs v. Duke Power Co.," University of Michigan Journal of Law Reform (Spring, 1985):
http://www.jpscanlan.com/images/Bottom_Line_-_JLF.pdf
II. Affirmative Action
The articles below are grouped into two categories. The first groups involves explanation why arguments in support of affirmative action for minorities do not apply to affirmative action for women. The second group involves various other issues.
In the event any of the links on this page fail to retrieve the particular article, the article can still be found easily enough on the other pages of this site.
A. Affirmative Action for Women
"The Curious Case of Affirmative Action for Women," Society (Jan.-Feb., 1992) (reprinted in Current (June 1992)):
http://jpscanlan.com/images/The_Curious_Case_of_Affirmative.pdf
"Affirmative Action for Women: New Twist on an Old Debate," Legal Times (Dec. 5, 1988) (reprinted in The Corporate Board (July-August, 1989)):
Affirmative Action for Women (PDF Format)
"Employment Quotas for Women?" The Public Interest (Fall, 1983):
Employment Quotas for Women (PDF Format)
B. Other Affirmative Action Issues
“Harvard Model,” “Manifest Imbalance Standard,” “Statistical Proof of Discrimination,” “John Paul Stevens,” “Wards Cove v. Atonio,” in Affirmative Action, An Encyclopedia (James A. Beckman ed.) Greenwood Press 2004
"Strictly Scrutinizing Affirmative Action," Legal Times (1994-1995 Supreme Court Review) (July 31, 1995):
http://jpscanlan.com/images/Strictly_Scrutinizing_Affirmative_Action.pdf"
No Substitute for the Real Thing: Class-Based Affirmative Action Won't Achieve the Same Results," Legal Times (May 1, 1995):
http://jpscanlan.com/images/No_Substitute_for_the_Real_Thing.pdf
"Setbacks Ahead for Set-Asides," Legal Times (May 21, 1991):
Setbacks Ahead for Set-Asides (PDF Format)
"Double-Edged Civil Rights," The National Law Journal (Nov. 5, 1990):
Double-Edged Civil Rights (PDF Format)
"The Court's Little Surprise," Legal Times (1989-1990 Supreme Court Review) (July 23, 1990):
The Court's Little Surprise (PDF Format)
"Broadcasting Cases to Transmit Message on Racial Preferences," Legal Times (Mar. 19, 1990)
Broadcasting Cases to Transmit (PDF Format)
"Patterson v. McLean and Affirmative Action,” The Labor Law Journal (March, 1990): http://www.jpscanlan.com/images/Patterson_v_1_._McLean_and_Affirmative_Action.pdf
"Time Running Out on Minority Preferences," Legal Times (Dec. 11, 1989)
Time Running Out on Minority Preferences (PDF Format)
"Striking Down Set-Aside System, Court Tackles Complex Issue," The National Law Journal (Mar. 6, 1989)
Striking Down Set-Aside System (PDF Format)
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