(University of Oregon School of Law, 2016-05-09) Girvan, Erik J.
This Article reviews major developments in anti-discrimination doctrine related to discretionary decisions in two different domains—the death penalty and employment decisions—and highlights the role that judicial concerns about remedies plays in the opinions supporting those developments. In order to more effectively impact the doctrinal development in that area, this Article discusses concrete ways that the remedies understanding of the law-science gap can help guide social scientists, legal scholars, and advocates for expanded anti-discrimination rights.
