Category Archives: Discrimination

Kara Swanson, ‘Inventing While a Black Woman: Passing and the Patent Archive’

ABSTRACT This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an accurate record of US […]

‘Challenge to “Gay Marriage Cake” decision dismissed’

“Some years ago now the UK Supreme Court ruled that a Christian bakery company had not been guilty of sexual orientation discrimination when it declined to produce a cake for an activist designed to convey a political slogan in favour of same-sex marriage – see Lee v Ashers Baking Company Ltd [2018] UKSC 49 (10 […]

Lee v UK: Exhausting Domestic Remedies’

“Today a chamber of the European Court of Human Rights (‘ECtHR’) handed down its decision in Lee v UK, declaring the application inadmissible. Mr Lee’s story is well-known. In 2014, Ashers Bakery (‘Ashers’) agreed to provide Mr Lee with a cake on which would be iced an image of Mr Lee’s choosing. At the time, […]

Taylor and Taylor, ‘Richardson v Oracle more than half a decade on: Did the “ground break” for victim compensation?’

ABSTRACT In 2014, the decision in Richardson v Oracle significantly increased compensation awards for victims of discrimination and sexual harassment. Commentators referred to the decision as ‘ground-breaking’ and hypothesised that the floodgates would open for sexual harassment and discrimination cases. This article reviews these claims seven years on and asks: did the floodgates open? Case […]

Dembroff and Kohler-Hausmann, ‘Supreme Confusion about Causality at the Supreme Court’

ABSTRACT Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of ‘but-for causation’ to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status – say, sex or race – just in case the outcome would not have occurred ‘but-for’ the plaintiff’s […]

‘Celebrating the Scholarship of Richard A Epstein’: special number of the Journal of Legal Studies

Introduction (Thomas J Miles) Classical Liberal Property and the Question of Institutional Choice (Thomas W Merrill) Field Preemption: Opening the ‘Gates of Escape’ from Tort Law (Catherine M Sharkey) Stakeholder Dynamics in Land Development Projects (Karen Bradshaw) Hyde Park’s Two Turns in the Takings Clause Spotlight (Lior Jacob Strahilevitz) The Genius of Common-Law Intellectual Property (Shyamkrishna […]

Diamond Ashiagbor, ‘Race and Colonialism in the Construction of Labour Markets and Precarity’

ABSTRACT This article explores the interconnections and continuities between racial inequalities in the contemporary labour market and the legacies of colonialism and racial distinctions woven into the evolution of market economy. It argues that race is embedded in the legal form by which labour is regulated. In its focus on the legal relations between individual […]

Yann Joly and others, ‘Confronting New Issues in Genetic Discrimination’

ABSTRACT Genetic discrimination (GD) is the differential or unfair profiling of an individual based on genetic data. This article summarizes the actions of the Genetic Discrimination Observatory (GDO) in addressing GD, and recent developments in GD since late 2020. It shows GD can take many forms in today’s rapidly evolving society. Joly, Yann and Huerne, […]

‘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 […]