Category Archives: Discrimination
Jane Thomson, ‘“And Two Cows to my Wife … so Long as she Remains my Widow”: Public Policy and Testamentary Marriage Clauses in Canada’
ABSTRACT This article, part one of a two part project, provides a comprehensive review of the law surrounding marriage conditions in wills in Canada, including the civil law jurisdiction of Quebec, through a quantitative study of nearly every electronically reported Canadian decision involving a marriage clause in a will. It begins with an overview of […]
Brittany Farr, ‘The Race Case in Contracts’
ABSTRACT This Article develops a new framework for thinking about the place of race in Contracts. It argues that culture and context work in tandem in the form of ‘cultural scripts’ to weave racial associations into texts where race is not explicitly identified. This suggests that the impact and influence of race in Contracts might […]
Yaron Covo, ‘The Contractualization of Disability Rights Law’
ABSTRACT What body of law determines the content and scope of disability rights in the United States? The conventional wisdom is that the rights of disabled individuals are enshrined in and shaped by an array of civil rights statutes. While this answer is correct, it is incomplete. As this Article shows, US disability rights are […]
Jane Calderwood Norton, ‘Discrimination as Detriment’
ABSTRACT This chapter attempts to unpack the concept of detriment in charity law by looking at discriminatory charities. It explains that discriminatory charities are commonplace in numerous charity sectors. It does not automatically follow, therefore, that no public benefit can be found whenever there is discrimination. The challenge, then, is how to identify discrimination that […]
Munch and Steglich-Petersen, ‘Wrongful discrimination as biased discrimination’
ABSTRACT People working on the ethics of discrimination have struggled with accounting for a kind of moral wrongdoing that is thought to be present in all instances of wrongful discrimination. So far, any moral wrong claimed to be characteristic of wrongful discrimination in this way has failed to generalize to all cases of wrongful discrimination, […]
Sandra Fredman, ‘Equal Pay: Navigating the Thicket’
ABSTRACT Despite over 50 years of equal pay legislation in the UK, the gender pay gap stubbornly persists. This is in part due to its dependence on an individual complaints system demonstrably ill-suited to the task, both because respondents have been able to utilize procedural requirements to delay and prolong claims, and because 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 that unexplored legal question and shows that the law frequently fails to protect people with disabilities from the […]
Thomas Gallanis, ‘Is Racial Discrimination Ever Charitable?’
INTRODUCTION Purported Charity A discriminates in favor of White individuals and against Black individuals. Purported Charity B discriminates in favor of Black individuals and against White individuals. Is either form of racial discrimination3 permissible for a charity The question is salient and timely. Our nation faces a stark choice between two competing visions of how […]
Will Mbioh, ‘Mapping Precarity: How the UK Supreme Court Redistributes Risk and Value in the Gig Economy’
ABSTRACT Dominant labour-law commentary treats gig-economy litigation as a cartographic exercise: are drivers and couriers being ‘correctly’ mapped into the statutory boxes of employee, worker, or independent contractor? Drawing on critical labour law theories of law’s constitutive power, this article shifts the focus from misclassification to the political economy. Using the UK Supreme Court’s twin […]
Erik James Girvan, ‘Probabilistic Injury and Presumptions of Prejudicial Preferences’
ABSTRACT Racist. Sexist. Nationalist. When those administering the civil legal system envision discrimination, what they often picture is hate. Private civil rights of action for discrimination are often structured accordingly, as assessments of whether the plaintiff’s harm was likely to have been caused by the defendant’s discriminatory animus. Bigotry, however, is odious and bigots are […]