It is reasonable to expect that the court's decision will embolden the agencies, as well as private litigants, to assert even more aggressively the disparate impact theory
under ECOA," the analysis states.
Inclusive Communities Project, Justice Anthony Kennedy voted with four other members of the Court to validate the disparate impact theory
, stating in the opinion "The Court acknowledges the Fair Housing Act's continuing role in moving the Nation toward a more integrated society.
To the extent that the federal government regulatory agencies, and the Justice Department, ramp up their fair lending enforcement activities, and in doing so leverage the disputed, and probably at-its-core unconstitutional, statistically-based disparate impact theory
, the financial services industry is definitely worse off today than it was yesterday," Umholtz told CU Times.
For the Syria side, the impact theory
is out," said lead author Peter Thy, a project scientist in the UC Davis Department of Earth and Planetary Sciences.
The members stressed the need for additional clarification related to rental practices that otherwise might be considered unlawful under the disparate impact theory
I call this view the Moral Impact Theory
In any event, notwithstanding its presentation by many current astronomical texts--with less-than-perfect objectivity --as established scientific truth, the Giant Impact theory
is nothing more than a currently-fashionable speculation, and likely to remain so for the forseeable future.
The one that is favored by most planetary scientists is termed the Giant Impact Theory
or, much less formally, the Big Whack, in which a Mars-sized protoplanet, named Theia by astronomers, smashed into the primordial Earth about 4,500,000,000 years ago, when our solar system was taking shape.
The disparate impact theory
has long been a widely used and accepted means of establishing illegal discrimination under Title VII of the Civil Rights Act.
That theory was greeted with great skepticism when first proposed in 1984, and the Younger Dryas impact theory
is facing the same reception.
The impact theory
gets even more support from additional findings from other scientists.
Johnson, Rehabilitate the Age Discrimination in Employment Act: Resuscitate the "Reasonable Factors Other Than Age" Defense and the Disparate Impact Theory
, 55 HASTINGS L.