Category Archives: Discrimination

Mateusz Grochowski, ‘Freedom of Speech, Consumer Protection and the Duty to Contract’

ABSTRACT Despite this plethora of accounts, certain aspects of the liaison between fundamental rights and private law are still a riddle. One such area is the relationship between consumer protection and freedom of expression. In an interesting turn of events, three high courts on either side of the Atlantic grappled with this problem almost in […]

Blair Bullock, ‘Frivolous Floodgate Fears’

ABSTRACT When rejecting plaintiff-friendly liability standards, courts often cite a fear of opening the floodgates of litigation. Namely, courts point to either a desire to protect the docket of federal courts or a burden on the executive branch. But there is little empirical evidence exploring whether the adoption of a stricter standard can, in fact, […]

Marouf and Casado Pérez, ‘Property and Prejudice’

ABSTRACT ‘Alien land laws’ – laws restricting noncitizens from owning real property – are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, […]

Adi Goldiner, ‘Discrimination as a Public Wrong’

ABSTRACT The enforcement mechanisms of anti-discrimination law manifest a puzzle: while the dominant view is that discrimination is a wrongdoing against individuals, which suggests that discriminatees should have the power to vindicate their rights, legal provisions sometimes authorise public officials to file claims against alleged discriminators, regardless of discriminatees’ preferences. Seeking to make sense of […]

‘Announcement of Conference Symposium and Call for Proposals – Inheritance Inequality’

We are pleased to announce a conference on ‘Inheritance Inequality’ (the Fifth Biennial Conference on Critical Trusts and Estates). The conference will take place on Friday September 27 and Saturday September 28, 2024 at Drexel University’s Thomas R Kline School of Law, in Philadelphia, Pennsylvania, and will be sponsored by the Drexel Law Review. The […]

Sue Westwood, ‘A bloody mess? UK regulation of menopause discrimination and the need for reform’

ABSTRACT This article considers the regulation of menopause-related discrimination in the workplace. Many menopausal women experience profound workplace inequalities, often connected with the intersection of ageism and sexism. The United Kingdom Parliament’s Women and Equalities Committee (WEC) recently recommended that the government consult about a new protected characteristic, ‘menopause’, and that Section 14 of the […]

Doron Dorfman, ‘Third-Party Accommodations’

ABSTRACT Does disability rights law impose an obligation on employers, schools, and other places of public accommodation to control the behavior of coworkers, students, or other third parties to accommodate an individual with disabilities? This Article examines this unexplored legal question. It traces the development of case law and shows that the law frequently fails […]

Hanoch Dagan and Avihay Dorfman, ‘The Tort of Discrimination’

ABSTRACT This Essay integrates two ambitions: to lay out new theoretical foundations for antidiscrimination law and to demonstrate the practical significance of these foundations to tackle instances of wrongful discrimination beyond the reach of the current legal regime. Concerning theory, we articulate an account of wrongful discrimination grounded in private law’s basic commitment to reciprocal […]

‘Should An Employer Be Allowed To Fully Insure Against Employment Discrimination It Facilitated?’

Erin E Meyers and Joni Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’, 106 Cornell Law Review 947 (2021). In their article ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’, Erin Meyers and Joni Hirsch argue employers should not be able to fully avoid employment discrimination liability through employment practices liability insurance […]

Blair Druhan Bullock and Joni Hersch, ‘The Impact of Banning Confidential Settlements on Discrimination Dispute Resolution’

ABSTRACT The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain settlement agreements. These bans, in part, attempted to stop ‘secret settlements’ […]