Discrimination

The author thanks Ronen Avraham, Howard Beales, Nevin Gewertz, Bernard Harcourt, Uri Itkin, Sarah Lawsky, Ronald Lee, Doug Lichtman, Tom Miles, Beth Milnikel, Jide Nzelibe, Adam Samaha, Max Schanzenbach, Paul Schwartz, David Weisbach, and Noah Zatz for their comments and suggestions, Levi Giovanetto for research assistance, and the Morton C. Seeley Fund and Visa, USA, Inc for generous research support. The author particularly thanks participants in The University of Chicago Law School’s Surveillance Symposium for their suggestions, as well as workshop participants at Northwestern and The University of Chicago.

Many thanks to Curtis Bridgeman, Fred Gedicks, Steve Gey, Mike Zimmer, participants at the 2008 Midwest Law and Economics Association annual meeting, and participants in the Second Annual Labor and Employment Law Colloquium for comments.

I am grateful for the comments I received on earlier drafts from Richard Banks, Rebecca Brown, Janet Giele, Phoebe Haddon, Michael Helfand, Fred Schauer, and Molly Walker. I also received helpful feedback from the participants in workshops at Duke Law School, the University of Minnesota Law School, Stanford Law School, the University of Virginia School of Law, and Wake Forest School of Law, as well as from attendees at my keynote speech at the Lavender Law Conference in San Francisco in September 2008, and from participants in the MidAtlantic People of Color Legal Scholarship Conference at Temple University James E. Beasley School of Law in January 2009 and the Third National People of Color Legal Scholarship Conference at Seton Hall University School of Law in September 2010. Student workshops at the University of Virginia and at Fairhaven College, Western Washington University, also provided useful feedback. The University of Virginia School of Law reference librarians, including Ben Doherty and Alison White, provided superb assistance. A special thanks to Jared Campbell, Evan Didier, Sarah Fritsch, Sarah Johns, Tim Lovelace, Chris Mincher, and Hadi Sedigh for their diligent research assistance and very helpful discussions. I welcome comments at kimfm@virginia.edu.