Category Archives: Discrimination

Suzanne Goldberg, ‘Harassment, Workplace Culture, and the Power and Limits of Law’

ABSTRACT This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment – from the individual-level and interpersonal to those rooted in society at […]

Murat Mungan, ‘Discrimination and Deterrence with Enforcer Liability’

ABSTRACT Taste-based discrimination (ie discrimination due to racist preferences) receives more attention than statistical discrimination in the enforcement literature, because the latter allows enforcers to increase their ‘success rates’. I show here that when enforcers’ incentives can be altered via liabilities and rewards, all types of discrimination reduce deterrence. Moreover, adverse effects of statistical discrimination […]

Sandra Sperino, ‘The Emerging Statutory Proximate Cause Doctrine’

ABSTRACT The year 2011 marked the birth of a new idea. The United States Supreme Court decided Staub v Proctor Hospital and for the first time invoked common law proximate cause in the context of federal employment discrimination law. It is rare in jurisprudence to be present at the birth of an idea and then […]

Marissa Jackson Sow, ‘Whiteness as Contract’

ABSTRACT The year 2020 forced scholars, policymakers, and activists alike to grapple with the impact of ‘twin pandemics’ – the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities – upon American society. As atrocious acts of anti-Black violence and harassment by […]

Abbye Atkinson, ‘Borrowing Equality’

ABSTRACT For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can be bought with a loan. In a series of bedrock statutes aimed at democratizing access to loans and purchase money for marginalized groups, Congress has evinced a ‘borrowing-as-equality’ policy that […]

‘Educational Redlining’

ABSTRACT Alternative data, or information such as cell phone payments or utility bills, is increasingly used in underwriting by the financial services industry, especially financial technology or ‘fintech’ companies. Some financial companies have begun to use information about borrowers’ education history, including the identity or sector of the college or university a borrower attended, when […]

Adam Parachin, ‘Why and When Discrimination is Discordant with Charitable Status: The Problem with “Public Policy”, The Possibility of a Better Solution’

ABSTRACT When courts have considered when and why discrimination renders an institution ineligible for charitable status, they have resorted to the doctrine of public policy to explain the non-charitableness of discrimination. Public policy is not, though, up to the task. It is undisciplined, inspires courts to consider irrelevant factors and offers no principled explanation as […]

Shestak and Tsyplakova, ‘Legal Issues Regarding Protection of Genetic Information’

ABSTRACT This paper examines both international and national legislation, regulating specific issues about genetic information. Particularly the Anglo-American system, especially the USA, according to the authors’ opinion, is leading in this category. Shestak, Viktor and Tsyplakova, Alyona, Legal Issues Regarding Protection of Genetic Information (June 30, 2020). Genetic technologies and law during the formation of […]

Raphaële Xenidis, ‘Tuning EU Equality Law to Algorithmic Discrimination: Three Pathways to Resilience’

ABSTRACT Algorithmic discrimination poses an increased risk to the legal principle of equality. Scholarly accounts of this challenge are emerging in the context of EU equality law, but the question of the resilience of the legal framework has not yet been addressed in depth. Exploring three central incompatibilities between the conceptual map of EU equality […]

Ioanna Tourkochoriti, ‘How Far Should the State Go to Counter Prejudice?’

ABSTRACT This article argues that it is legitimate for the state to practice soft paternalism towards changing hearts and minds in order to prevent behaviour that is discriminatory. Liberals accept that it is not legitimate for the state to intervene in order to change how people think because ideas and beliefs are wrong in themselves. […]