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Sounds fair. After all, prosecutors bear the burden of proof in criminal cases, so why shouldn't plaintiffs do the same in discrimination suits? But for nearly two decades, it didn't work that way. In 1971, the Supreme Court ruled in Griggs v. Duke Power Co. that once an employee could demonstrate that a particular hiring practice had resulted in a "disparate impact" (i.e. a statistical imbalance among members of a particular minority group), the burden of proof shifted to the employer to defend the "business necessity" of the challenged practice...

Author: By Mark J. Sneider, | Title: Empowerment, Not Preferences | 10/1/1990 | See Source »

...enters the parking area. Some are equipped with public-address systems through which the owners issue cheers, personal manifestos and invitations to join them for a drink. On the platform atop one large van, Confederate flags flying from its railing, is a Dixieland band. When a David Duke truck pulls into the lot, the men in the band intone "white power" into their mikes. David Duke, running for the U.S. Senate, has come home...

Author: /time Magazine | Title: David Duke's Addictive Politics | 10/1/1990 | See Source »

...opening day of the season (the Louisiana State-Georgia game), Duke strikes out into the jumble of vans and says facetiously, "We might even meet some opposition out here!" A woman at one van, standing next to a scribbling reporter, shouts, "We love you, David, and to hell with the media." (In the best Southern tradition of jocular animosity, she hugs me while she says it.) Young people along his route take up and pass along his barked accolade: "Duke!" "Duke!" "Duke!" "Duke...

Author: /time Magazine | Title: David Duke's Addictive Politics | 10/1/1990 | See Source »

...aide asks, "Have you even seen a grass-roots campaign like this?" I say, Yes, I covered George Wallace in 1968 and 1972. Yet the dynamics are as different here as is the candidate. The early Wallace was a colorful Southern racist, at one with his followers' ancient prejudices. Duke is a smooth outsider, an intellectual of an alien ideology who has tempered his appeal to fit people's anxieties...

Author: /time Magazine | Title: David Duke's Addictive Politics | 10/1/1990 | See Source »

...feel that the hero's affronted psyche is a bit fragile. Novelist John O'Hara, who never went to college, used to be fascinated by this sort of folderol, and his friends joked about taking up a collection to send him to Princeton. Wolff is a skilled memoirist (The Duke of Deception) and novelist (Inklings), but maybe somebody should arrange a scholarship for him at Michigan State...

Author: /time Magazine | Title: Books: Bickering...THE FINAL CLUB | 9/17/1990 | See Source »

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