Category Archives: Discrimination
‘Remedies to Digital Vulnerability in European Private Law’: University of Trieste, 10-11 April 2025
The Trieste conference follows two previous conferences held within the same project in Ferrara (2023) and in Rome Tor Vergata (2024), which examined the legal status of digital vulnerability in European private law and its interaction with artificial intelligence, respectively. Building on the previous findings and starting from the assumption that many, if not all, […]
‘Contract Law’s Hidden Civil Rights Foundation’
Erik Encarnacion, ‘Section 1981 as Contract Law’, available at SSRN (10 January 2025). Erik Encarnacion’s ‘Section 1981 as Contract Law’ presents a striking claim: 42 USC § 1981, a statute primarily understood as a piece of federal antidiscrimination law, is, in fact, a foundational component of contract law in the United States. Section 1981, originally […]
‘Can a non-discrimination law lens enrich our understanding of consumer vulnerability?’
How to protect vulnerable consumers is one of the key issues of our time. The European ideal of a well-informed, observant and circumspect consumer that can reap the benefits of the integrated market made it necessary to recognise the needs of specifically vulnerable consumers. However, while EU strategic papers recognise the personal, situational and socio-economic […]
‘How Tort Law Thwarts the Fight Against Biased Healthcare’
Maytal Gilboa, ‘Biased but Reasonable: Bias Under the Cover of Standard of Care’, 75 Georgia Law Review 489 (2023). Healthcare settings have long been sites where minoritized patients have needed to fight to receive adequate quality of care. The recent debates about physicians not wearing masks in hospitals and clinics to protect immunocompromised and vulnerable […]
Roger Colinvaux, ‘The Legality of Charitable Remedial Discrimination’
ABSTRACT The Article considers whether a charity may engage in affirmative action by using race or other identity-based criteria in providing charitable assistance. In a groundbreaking ruling, American Alliance for Equal Rights v Fearless Fund, a divided panel of the Court of Appeals for the 11th Circuit forced a charity to stop awarding grants to […]
‘Racial Goals and Private Companies: What’s Legal and What’s Not’
Atinuke Adediran, ‘Racial Targets’, 118 Northwestern University Law Review 1455 (2024). In the wake of the extrajudicial murders of George Floyd and Breonna Taylor, millions protested across the US and worldwide against the racial and social injustices that persist within society. The 2020 ‘racial reckoning’ protests were the largest racial justice demonstrations in the US […]
‘The Doctrine of Public Policy and Discrimination in the Private Law: A Small Light in an Era of Darkness’, Jane Thompson, Zoom, 17 January 2025
The next session of the Tort Law and Social Equality Project Speakers Series takes place on Friday, January 17 at 12:00-1:30 pm EST over Zoom. Jane Thomson of the University of New Brunswick Faculty of Law will speak on the invalidation of discriminatory wills and trusts as contrary to public policy. She will speak for […]
Martin Abel and others, ‘Are Women Blamed More for Giving Incorrect Financial Advice?’
ABSTRACT We conduct an incentivized experiment with a nationally representative sample to investigate gender discrimination among people receiving advice on risky investments. Participants learn about actual start-up firms they can invest in. Before deciding how much of their endowment to invest, they receive recommendations from either female or male professionals. We find that before outcomes […]
Alice Schneider, ‘Analogous Wrongs: Privacy Invasions and Discrimination’
ABSTRACT Privacy scholars and activists frequently argue that one reason for protecting privacy is the danger that personal information could be used for discriminatory purposes. This proposition raises two questions: practically, are privacy rights capable of pre-empting discriminatory treatment; and, if so, is preventing discrimination conceptually part of, or related to, the purpose of privacy […]
Talia Gillis, ‘“Price Discrimination” Discrimination’
ABSTRACT Credit price personalization, where lenders set prices based on individual borrower and loan characteristics, is a common practice across many loan types. And conventional accounts of its harms focus on the ways in which risk-based pricing, or setting prices based on borrowers’ credit risk, can lead to disparities for protected groups like racial minorities […]