James P. Scanlan, Attorney at Law

Publications I

• "Can We Actually Measure Health Disparities?," Chance (Spring, 2006)

• Entries on "Harvard Model," "John Paul Stevens," "Manifest Imbalance Standard," "Statistical Proof of Discrimination," "Wards Cove v. Atonio" in Affirmative Action: An Encyclopedia (James A. Beckman ed.), Greenwood Publishing (2004)

• “Understanding Racial Differences in Infant Mortality,”
  PrenatalEd Update (Oct. 2000)

• “Race and Mortality,” Society (Jan/Feb 2000) (reprinted in Current (Feb. 2000))

• "Both Sides Misuse Data in the Credit Discrimination Debate," American Banker  (July 22, 1998)  

• "Responsive Banks Hurt By Improper Data Interpretation," The Montgomery Journal (May 5, 1998)

• "Perils of Using Statistics to Show Presence or Absence of Loan Bias," American Banker (Dec., 1997)

• "Statistical Anomaly Penalizes Fair-Lending Effort," American Banker (Nov. 18, 1996)

• "Women Emplyee's Case Against Publix, Built on Wrong Data, Doesn't Compute," Miami Daily Business Review (Aug. 2, 1996)

• "Mired in Numbers," Legal times (Oct. 21, 1996)

• "When Statistics Lie," Legal Times (Jan. 1, 1996)

• "Strictly Scrutinizing Affirmative Action," Legal Times (1994-1995 Supreme Court Review) (July 31, 1995)

• "No Substitute for the Real thing: Class-Based Affirmative Action Won't Achieve the Same Results," Legal Times (May 1, 1995)

• "Recent Multimillion-Dollar Settlements May Cause Employers to Avoid Hiring Women and Minorities for Less Desireable Jobs to Improve Statistical Picture," The National Law Journal (Mar. 27, 1995) 

• "Divining Difference," Chance (Fall, 1994)

• "Measuring Hiring Discrimination," The Labor Law Journal July, 1993)

• "Getting it Straight When Statistics Can Lie," Legal Times (June 28, 1993)

• "Unlucky Stores: Are They All Guilty of Discrimination?" San Francisco Daily Journal (Jan. 29, 1993)

• "Study Misses Mark on Discrimination in D.C." Washington Business Journal (May 25, 1992)

• "Bias Data Can Make the Good Look Bad," American Banker (Apr. 27, 1992)

• "The Curious Case of Affirmative Action for Women," Society (Jan.-Feb., 1992) (reprinted in Current (June 1992))

• "Low Entrance Standards Hardest on Minorities," NCAA News (Dec. 18, 1991)

• "Slip-Up in the Civil Rights Bill," Legal Times (Dec. 11, 1991)

• "Setbacks Ahead for Set-Asides," Legal Times (May 21, 1991)

• "Can Affirmative Action Survive the Struggle?" Legal Times (Jan. 21, 1991)

• "The Perils of Provocative Statistics," The Public Interest (Winter, 1991) (reprinted in the Course Reader for "Quantitative Reasoning and Statistical Methods in Planning I" at the Massachusetts Institute of Technology)

• "Comment on McLanahan, Sorensen, and Watson's 'Sex Differences in Poverty, 1950 1980,'" Signs:  Journal of Women In Culture and Society (Winter, 1991)

• "Double-Edged Civil Rights," The National Law Journal (Nov. 5, 1990)

• "Race, Color Bias Inseparable," Fulton County Daily Report (June 26, 1990)

• "The Court's Little Surprise," Legal Times (1989-1990 Supreme Court Review) (July 23, 1990)

•  "An Issue of Numbers," The National Law Journal (Mar. 5, 1990)

• "Patterson v. McLean and Affirmative Action," The Labor Law Journal (Mar. 1990)

• "Numbers Can Mislead on Race and Death," Legal Times (July 9, 1990) (reprinted as part of the proceedings of the Criminal Section of the American Bar Association annual meeting in August, 1990)

• "Broadcasting Cases to Transmit Message on Racial Preferences," Legal Times (Mar. 19,1990)

• "Strategic Defense Can Be Dangerous," The New Leader (June 12-26, 1989)

• "Indiscriminate Reading of Statistics Can 'Prove' Bias Where None Exists," "Manhattan Lawyer (Apr. 24, 1989)

• "Time Running Out on Minority Preferences," Legal Times (Dec. 11, 1989)

• "Are Bias Statistics Nonsense?" Legal Times (Apr. 17, 1989)