Category Archives: Discrimination

Bethany Berger, ‘Property to Race / Race to Property’

ABSTRACT In the United States, property and race shape each other. This has been true since colonization and is equally true today. First, property relationships shaped the distinct forms racism took for different racialized groups. Racism exists to explain and justify power and privilege of one group over another. But the goals of power and […]

‘Call for Submissions: Confronting Systemic Racism and Sexism in Legal Academia’

“By now, many of us have stumbled headfirst into the sewage of the Sewell Report. For those who missed it, the British government released a report on racial disparities that denies the structural character of racism in British society. In fact, the authors went further, proclaiming the UK as an exemplar of racial equality that […]

Maytal Gilboa, ‘The Color of Pain: Racial Bias in Pain and Suffering Damages’

ABSTRACT For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff’s race when calculating compensatory tort damages, and they do so […]

Ganji, Kale and Kale, ‘To Sue or Not To Sue’

ABSTRACT In this paper, we investigate if the perceived name-based ethnicity of CEOs influences the probability of shareholder class-action lawsuits. Using machine learning algorithms on CEO names, we develop an objective proxy of name-based ethnicity and find that, firms managed by ‘foreign-sounding’ CEOs exhibit a lower probability of class-action lawsuits. Our results are robust to […]

‘Algorithms and Education: A New Frontier of Discrimination?’

“In this brief post, I want to demonstrate how ostensibly neutral and efficient algorithms can cause discrimination in education. Last year, the national advanced level qualifications (‘A-levels’) exams in the UK that lead to places in university, further study, training, or work had to be cancelled because of school closures owing to the COVID-19 pandemic […]

Hoch, Hertweck, Loi and Tamò, ‘Discrimination for the Sake of Fairness: Fairness by Design and Its Legal Framework’

ABSTRACT As algorithms are increasingly enlisted to make critical determinations about human actors, the more frequently we see these algorithms appear in sensational headlines crying foul on discrimination. There is broad consensus among computer scientists working on this issue that such discrimination can only be avoided by intentionally collecting and consciously using sensitive information about […]

Katie Eyer, ‘The But-For Theory of Anti-Discrimination Law’

ABSTRACT Discrimination law has long been in theoretical crisis. Its central theory – disparate treatment law – has no agreed-upon core principles. Because prevailing theories of discrimination once treated ‘disparate treatment’ and ‘discriminatory intent’ as coextensive – something we now know not to be true – it is unclear whether all ‘disparate treatment’ is truly […]

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 […]

Shreya Atrey, ‘On the Central Case Methodology in Discrimination Law’

ABSTRACT The central case methodology captures the features that something must have in order for it to be that thing. As applied to the field of discrimination law, the methodology helps identify both the central cases of discrimination as well as the key features of discrimination law which address such discrimination. Theorists typically conceive central […]

Jamelia Morgan, ‘Toward a DisCrit Approach to American Law’

ABSTRACT In their groundbreaking article, ‘Dis/ability critical race studies (DisCrit): theorizing at the intersections of race and dis/ability’, scholars Subini Ancy Annamma, David Connor, and Beth Ferri ask, ‘How might DisCrit further expand our knowledge (or understanding) of race and dis/ability?’ I take up this question and offer a set of responses geared toward the […]