The Structural Turn and the Limits of Antidiscrimination Law

By Samuel R. Bagenstos. 2006

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Fairness and Abstraction in Sociotechnical Systems (2019, background): “Though law should not ultimately be our yardstick because it regularly fails to adequately incorporate ideas about discrimination that are accepted by sociology [8] or behavioral psychology [46, 51], even existing law relies on the deeply contextual nature of the question, with differences depending”
Where fairness fails: data, algorithms, and the limits of antidiscrimination discourse (2019, background): “It is important to note that, despite these limitations, our understanding of structural and other conditions that contribute to discrimination has improved greatly in recent decades, in part a result of what Samuel Bagenstos (2006) calls ‘ the structural turn ’ in antidis-crimination scholarship (p”