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Title

The Effects of Intent: Do We Know How Legal Standards Work?

Authors

Theodore Eisenberg, Cornell Law SchoolFollow
Sheri Lynn Johnson, Cornell Law SchoolFollow

Document Type

Article

Publication Date

9-1991

Keywords

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

Disciplines

Applied Statistics | Civil Rights and Discrimination | Constitutional Law

Abstract

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.

Recommended Citation

Eisenberg, Theodore and Johnson, Sheri Lynn, "The Effects of Intent: Do We Know How Legal Standards Work?" (1991). Cornell Law Faculty Publications. 409.
https://scholarship.law.cornell.edu/facpub/409

Publication Citation

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