San Diego Law Review Issue Search
| Volume | 43 |
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| Month | November |
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| Year | 2006 |
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| Title | Defining the Antidiscrimination Norm to Defend It |
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| Author(s) | Mark Kelman |
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| First Page | 735 |
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| Abstract | We may mean very different things when we say that an actor (the putative defendant in a lawsuit designed to alter the behavior in which he would engage but-for legal intervention) "discriminates" against another person (the suit's putative plaintiff). Recognizing this difference is helpful because it demonstrates that we should be extremely clear in using a term that does not have a single, uncontested meaning. More importantly, it reveals why we have certain norms against private discrimination, particularly in the employment market and a subset of markets in which customers purchase goods and services. |
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