Category Archives: Discrimination

‘The Market as a Legal Construct’: special number of Law and Contemporary Problems

The Law of the Market (Hanoch Dagan, Avihay Dorfman, Roy Kreitner, and Daniel Markovits) The Key to Value: The Debate over Commensurability in Neoclassical and Credit Approaches to Money (Christine Desan) Employer Organization and the Law: American Exceptionalism in Comparative Perspective (Kathleen Thelen) Why Did Belgium Pay Leopold’s Bonds? (Kim Oosterlinck, Joseph Blocher, and Mitu […]

Jane Thomson, ‘Discrimination and the Private Law in Canada: Reflections on Spence v BMO Trust Co

ABSTRACT Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion of Canadian law. Areas of private law, such as wills and trusts are therefore […]

‘Post-Sexist?’

Claudia Flores, Beyond the Bad Apple-Transforming the American Workplace for Women After #metoo, 2019 University of Chicago Legal Forum 85 (2019). In Beyond the Bad Apple-Transforming the American Workplace for Women After #metoo, Professor Claudia Flores takes on the timeworn cliché of the proverbial ‘bad apple’ who acts aberrantly and out of cultural context in […]

Robert Brauneis, ‘Copyright, Music, and Race: The Case of Mirror Cover Recordings’

ABSTRACT Has copyright law in the United States ever aided discrimination on the basis of race, or exploitation of or prejudice against racial minorities? Copyright legislation in the United States has never explicitly incorporated racial categories. However, particular features or doctrines of copyright law may arguably facilitate racial discrimination or exploitation, or disadvantage racial minorities, […]

Angelica Guevara, ‘Ableness as Property’

ABSTRACT The article puts forth the need for gatekeepers to address ableness as property, instead of focusing on the ability/disability of an individual. Not addressing such a property interest leads courts and academic institutions to make damaging and varying decisions as seen in two medical school cases. By focusing on the property interest in ableness, […]

Katie Eyer, ‘Claiming Disability’

ABSTRACT We stand at the cusp of a potentially transformative moment for disability rights. For decades, the disability rights movement has been burdened by a profound obstacle: many of its potential constituents do not self-identify as disabled. Disability has long been constructed in our society as quintessentially associated with intrinsic limitation, and especially an inability […]

Daniel Schwarcz, ‘Towards A Civil Rights Approach To Insurance Anti-Discrimination Law’

ABSTRACT Discrimination is fundamental to the business of auto and homeowners insurance. Yet state insurance law does remarkably little to police against the risk that this discrimination will unfairly harm minority or low-income communities. Not only do state insurance regulators completely ignore the prospect that facially-neutral insurance practices might disparately impact vulnerable populations, but they […]

Blair Druhan Bullock, ‘Uncovering Harassment Retaliation’

ABSTRACT As the #MeToo movement has exposed, workplace harassment is prevalent, underreporting likely contributes to its prevalence, and fears of retaliation underlie underreporting. Thus, the cycle of harassment continues. Yet we still know very little about the prevalence of retaliation or how employers respond to harassment. This Article highlights retaliation following workplace harassment as a […]

Cathy Sherry, ‘Does Discrimination Law Apply To Residential Strata Schemes?’

ABSTRACT Although strata title legislation is over 50 years old, a number of important questions about its intersection with other areas of law remain unanswered. One such question is whether discrimination law applies to residential strata schemes. Discrimination law was enacted to ensure all citizens’ equal civic participation, and although it regulates both private citizens […]

Goran Dominioni, ‘Biased Damages Awards: Gender and Race Discrimination in Tort Trials’

ABSTRACT Current US tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research […]