For over a quarter century, legal arguments about segregation, discrimination, and affirmative action have invoked the image of the "inexorable zero" - complete absence of any women or minorities at a given school or workplace. Yet as evocative as the phrase might be, its precise doctrinal import has remained elusive. This Note recounts the original use of the concept in a landmark Title VII case and documents a current circuit split. It then articulates theoretical grounds upon which the concept’s intuitive appeal might rest. Finally, it excavates a further, more complex rationale that the Supreme Court may have contemplated at the concept’s genesis.
Bert I. Huang,
The 'Inexorable Zero',
Harvard Law Review, Vol. 117, No. 4, p. 1215, 2004
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1575