Difference between revisions of "Intent standard"

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(New page: The '''intent standard''' is the idea that, for a facially neutral statute which has disparate impacts, tending towards discrimination, to be illegal, the allegedly neutral statute...)
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Revision as of 17:55, April 13, 2007

The intent standard is the idea that, for a facially neutral statute which has disparate impacts, tending towards discrimination, to be illegal, the allegedly neutral statute must have been drafted with discriminatory intent.[1] Commentators have noted that this is essentially a requirement of the criminal mens rea of intent, a very high standard to meet in a civil case.

  1. ↑ For racial cases, see Washington v. Davis, cf. Feeney in gender cases.