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Journal Article
Discriminatory Taint
2022
Overview
Murray examines how the persistence of an older policy's operative core can manifest a \"discriminatory taint\" in the US. He describes a type of relationship distinguished by the formal and functional continuity of temporally separated policies. Understanding what taint is and how to find it advances antidiscrimination discourse in multiple areas. It can help courts navigate what taint means for adjudication (for example, whether and when they should deem taint purged and how to proceed when it is not), guide nonjudicial decision-making (for example, choosing how to act and justifying said choices), and inform scholarly understanding of wrongful discrimination (both over time and as a generalizable phenomenon).
Publisher
Harvard Law Review Association
Subject
