Document Type


Publication Date



Intent standard in racial discrimination cases, Washington v. Davis, Intent claims, Empirical legal studies, Legal standards, Fourteenth Amendment, Strauder v. West Virginia, Yick Wo v. Hopkins, Plessy v. Ferguson, Brown v. Board of Education, Griggs v. Duke Power Co., Palmer v. Thompson, Village of Arlington Heights v. Metropolitan Housing Development Corp., McCleskey v. Kemp, Race-based decisionmaking


Applied Statistics | Civil Rights and Discrimination | Constitutional Law


No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.

Publication Citation

Published in: Cornell Law Review, vol. 76, no. 6 (September 1991).