Category Archives: Discrimination

Call for Interest: Vulnerability in European Private Law (DiVE)

In our current and pervasively digitalized world, we believe it is increasingly important to analyze how digital technologies impact preexisting forms of vulnerability or create new ones, and to understand how the law can prevent or address unequal experiences of technology. This is what we plan to do with our project ‘Digital Vulnerability in European […]

Anthony Sangiuliano, ‘Bottom-Up and Top-Down Theories of Antidiscrimination Law’

ABSTRACT This paper restates and critically analyses two prevalent philosophical approaches towards studying antidiscrimination law. So-called ‘bottom-up’ approaches are committed to ‘moralism,’ the view that a discriminatory act’s being morally wrong gives a reason to legally prohibit it, and a ‘prescriptive’ method for theorizing about antidiscrimination law, which constructs a theory of the moral wrongness […]

Riccardo Vecellio Segate, ‘Shifting Privacy Rights from the Individual to the Group: A Re-Adaptation of Algorithms Regulation to Address the Gestaltian Configuration of Groups’

ABSTRACT Algorithms may seriously impair the right to privacy held by groups of individuals (and thus, more subtly, individuals themselves, but relationally). Indeed, a functional equivalence exists between the way personal data is gathered and aggregated, and the patterns of data analysis about groups of individuals, with the difference that whilst the first is (unevenly) […]

Hugh Collins, Review of A Pluralist Theory of Age Discrimination by Stuart Goosey (2021)

“Age discrimination law differs in some important respects from laws against discrimination involving other kinds of protected characteristics. Unlike most grounds of discrimination such as sex and race, under the Equality Act 2010 it is possible to justify both direct and indirect age discrimination on the ground that the measure is a proportionate means of […]

Małgorzata Kuśmierczyk, ‘Algorithmic Bias in the Light of the GDPR and the Proposed AI Act’

ABSTRACT The paper discusses that the digitalization of socioeconomic life comes along with the many benefits but also generates some risks, such as algorithmic bias. European legislation is trying to address these threats. For algorithmic bias, the main solutions are the General Data Protection Regulation and the proposed Artificial Intelligence Act. The claim I defend […]

Carol Rose, ‘Property Law and Inequality: Lessons from Racially Restrictive Covenants’

ABSTRACT A longstanding justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but indirectly wealth in an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This […]

Pat Chew, ‘Hiding Sexual Harassment: Myths and Realities’

ABSTRACT Sexual harassment and gender disparities in the workplace continue, but we are not paying enough attention. The heralded me-too movement and the publicized downfalls of Harvey Weinstein, Bill Cosby, and other former luminaries might give the impression that the lid is blown off the indignities of harassment in the workplace and that American society’s […]

Konstantinos Alexandris Polomarkakis, ‘Gendered Capital and Litigants in EU Equality Case-Law’

ABSTRACT This article problematises the gendered dimension of litigation in EU equality case-law. Relying on feminist readings of Bourdieu’s concept of capital, it introduces the notion of gendered capital as an explanatory framework to illustrate and evaluate the distinct experiences between women and men litigants in the legal field. The article puts this framework to […]

Yin and Naser, ‘The Intersection of the Rule in Yerkey v Jones and Contemporary Anti-Discrimination Law in Australia – Can the Special Wives’ Equity Survive?’

ABSTRACT The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable […]

Sandra Sperino, ‘The Causation Canon’

ABSTRACT It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon – the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish ‘but for’ cause. This Article is […]