Category Archives: Discrimination

‘Rethinking the Fee Simple in Rural America’

Jessica A Shoemaker, ‘Fee Simple Failures: Rural Landscapes and Race’, 120 Michigan Law Review 1695 (2021). Newly released census data reveals that our rural places continue to shrink. The recent Intergovernmental Panel on Climate Change (IPCC) report cements that climate change is widespread and intensifying. The pandemic has hit hard in rural places, with outbreaks […]

Tamar Kricheli-Katz, ‘Gender Inequalities in Markets’

ABSTRACT Various forms of inequality, such as the gender, race, and class systems of inequality, operate and intersect in societies and markets. In this review, I discuss specifically the gender system of inequality. I focus on market interactions, conceptualizing them as the building blocks for gender inequalities in markets. My objective is to give an […]

Heise and Sherwyn, ‘Sexual Harassment: A Doctrinal Examination of the Law, An Empirical Examination of Employer Liability, and A Question About NDAs – Because Complex Problems Do Not Have Simple Solutions’

ABSTRACT The #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the […]

‘Fair Housing for a Non-Sexist Household’

Noah M Kazis, ‘Fair Housing for a Non-Sexist City’, 134 Harvard Law Review 1684 (2021). Noah Kazis opens his new article ‘Fair Housing for a Non-Sexist City’ with an ambitious question: ‘What would a non-sexist city be like?’ (p 1684). America’s ‘built environment’, Kazis explains, is a stubbornly sexist one (p 1687). Examples abound. Women […]

Pauline Kim, ‘AI and Inequality’

ABSTRACT This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, […]

Meyers and Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’

ABSTRACT Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue that allowing insurance coverage for employment liability detracts from employment law’s goal of deterrence and from notions of justice. We assess the validity of these […]

Andrés Páez, ‘Negligent Algorithmic Discrimination’

INTRODUCTION … This Article proceeds in three parts. The next Part offers some examples of algorithmic discrimination in hiring decisions that have been documented in recent years. Part III explains why the doctrines of disparate treatment and disparate impact are ineffective in the case of algorithmic discrimination. Part IV presents the idea that discrimination generally […]

‘Acknowledging Contract Law’s Contributions to Racial Inequities’

Danielle Kie Hart, ‘Contract Law and Racial Inequality: A Primer’, 21-05 Southwestern Law School Research Paper 1 (2021), available at SSRN. For nearly a year and a half, our country has been in the grips of a global pandemic. Covid-19 has exposed and exacerbated racial and economic inequities that have plagued our society for centuries. […]

Sharona Hoffman, ‘Cognitive Decline and the Workplace’

ABSTRACT Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, […]

Simon Rice, ‘A Critical Account of the Aftermath of the Racial Vilification Case of Eatock v Bolt

ABSTRACT Ms Eatock’s case could have been ‘just another Aboriginal vilification case’, except that it was successful, and successful against a high profile journalist and national publisher. What the perpetrator wrote was bad journalism; it caused harm and was unlawful. But in the years since, the counternarrative has deliberately and determinedly retold Ms Eatock’s case […]