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9 J.L. Econ. & Pol'y 417 (2012-2013)
Using Disparate Impact Analysis to Establish Discrimination in Lending

handle is hein.journals/jecoplcy9 and id is 431 raw text is: 2013] USING DISPARATE IMPACT ANALYSIS TO ESTABLISH DISCRIMINATION IN LENDING Andrew L. Sandler, D. Jean Veta, Cindy Collins, Paul H. Rubin Moderator: Satya Thallam KAREN CZARNECKI: Our next panel is directed toward the question of Disparate Impact in Lending, the extent to which you could draw inferences about discrimination from disparate impact. The moderator of our session is Mr. Satya Thallam from George Mason University. He is Director of Research and Policy at the Law & Economics Center. He had been at Mercatus prior to that time which is in the same build- ing as the law school. The Mercatus Center is a well-known center that is involved in a lot of different good activities. Satya was the Director of the Financial Markets Working Group. He has also acted as advisor to such groups as Pulitzer Prize winner PolitiFact and Congressional Oversight Panel, and as a consultant to Conti- nental Group and an affiliated economic expert with American Action Fo- rum as well. He was a Senior Editor of The Journal: Lombard Street. He graduated from Arizona State University with a degree in Economics and then went to the doctoral program at Emory University, so I now give you Satya Thallam. Thank you, Satya. SATYA TIALLAM: I will keep this brief so we can get to the opening com- ments. This presentation is kind of the roadshow of disparate impact. We have discussed this topic in various settings with various combinations of this group at the National Press Club, for a group of Attorneys General and staff a few weeks ago; so it is something we have been thinking about quite a bit, and this is a group that knows quite a bit about the economics and law of disparate impact, especially in lending markets. I do not want to steal too much of their thunder, and as I said, they know this issue quite well. Each one is going to speak for about 15 mi- nutes, to set us up and give us a common language. And they will follow up with questions, and of course there will be time for questions from the group. I just want to say in understanding this, talking to some of you, partic- ularly with the AG staff I met with a few weeks ago, it is best to understand disparate impact as being the-disparate impact in lending as being kind of the stepchild of disparate impact in employment law, employment discrimi- nation, probably something that most of the folks in this room are more familiar with. But it would be-with the new [adjustments to microphone]. There we go. Sorry about that. Everything I just said is really impor- tant. You should remember it. 417