12 J.L. & Pol. 637 (1996)
Complexity and Legislative Signatures: Lending Discrimination Laws as a Test Case

handle is hein.journals/jlp12 and id is 647 raw text is: Complexity and Legislative Signatures: Lending
Discrimination Laws As A Test Case
Professor Vincent Di Lorenzo*
I. INTRODUCTION
Part One--Chaos, Complexity and Legislative Signatures
Part Two-The Law's Blindness to Complexity
A. Legislating         Against      Credit Discrimination-Ignoring
Complexity
B. The Result: Ineffectiveness of a Prohibitory Approach
Part Three-The Alternative: Choice of Legislative Signatures
A. Community Reinvestment Legislation
B. Revisiting the Effects Test
As I was preparing this article I had the good fortune of discovering a
news report on the work of Martha McClintock at the University of
Chicago.' Prior to reading this article on Dr. McClintock, I had read
frequent reports of scientists discovering the genes responsible for
particular human diseases and conditions.2 These earlier reports had begun
* Copyright  1996 by Vincent Di Lorenzo. Professor of Law, St. John's University, Center for
Law and Public Policy, J.D., Columbia University School of Law. An earlier version of this article
was presented as a paper at the 17th World Congress, International Association for Philosophy of Law
and Social Philosophy, University of Bologna, June 16-21, 1995.
1 Natalie Angier, Scientist at Work: Martha K. McClintock; How Biology Affects Behavior and
Vice Versa, N.Y. TIMES, May 30, 1995, at Cl.
2 The focus in disease and gene research centers on the Human Genome Project, an international
effort to map all forty-six chromosomes. Michael J. Malinowski, Coming into Being: Law, Ethics, and
the Practice of Prenatal Genetic Screening, 45 HASTINGS L.J. 1435, 1441-44 (1994). See also Robert
M. Cook-Deegan, Origins of the Human Genome Projec 5 RISK: HEALTH, SAFETY, & ENV'T 97 (1994)
(tracing history of Human Genome Project). See generally Michael Kirby, The Human Genome
Project-Promise and Problems, 11 J. CONTEMP. HEALTH L. & POL'Y 1 (1994) (giving broad history of
Human Genome Project as well as addressing some of the many legal issues involved).
Work on the Project has led to the identification of a wide variety of genes. See, e.g., Gina Kolata,
Doctors Isolate a Common Cancer-Related Gene, N.Y. TIMES, June 23, 1995, at Al (discussing
discovery of gene that predisposes people to certain types of cancer); Michael Waldholz, Huntington's
Disease Gene Is Found at Last, WALL ST. J., Mar. 24, 1993, at B 1 (reporting on discovery of gene that
causes Huntington's disease); Ron Winslow, Genetic Puzzle Is Solved, Paving Way to Advances in
Therapyfor Leukemia, WALL ST. J., Aug. 20, 1993, at B 10 (reporting discovery of leukemia gene). But
scientists do not believe that genetic mapping will solve society's ills. See Tom Wilkie, Science

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