The following essay, part of our Race and the Supreme Court program, is by Gail Heriot, a member of the United States Commission on Civil Rights and a professor of law at the University of San Diego. Justice Scalia begins his concurrence in Ricci v. DeStefano (2009) with an intriguing statement: "I … write separately to … Continue reading Disparate Impact and the Soft Coercion of the Uniform Guidelines on Employee Procedures