Category Archives: Discrimination
Faiz Surani and others, ‘AI for scaling legal reform: mapping and redacting racial covenants in Santa Clara County’
ABSTRACT Legal reform can be challenging due to the volume, complexity, and interdependence of laws, codes, and records. One salient example is racially restrictive covenants. In 2021, California mandated that counties identify and redact such covenants, but implementation has proved challenging, with 84 million pages in Santa Clara County (SCC) alone. Through a partnership with […]
‘Comparative AI Law: Regulating the Future’ – special issue of German Law Journal
Comparative AI Law: Regulating the Future, German Law Journal volume 26, special issue 7, October 2025. Of particular interest for private law are: AI-Driven Dynamic Pricing: Erosion of Consumer Welfare, Invisible Hand, and Rise of Platform Quasi-Taxation (Sang Yop Kang) Digital Alchemy? Rethinking Copyright in the Age of AI-Generated Content: Lessons and Reflections from the […]
‘Meagher v The Chancellor, Masters and Scholars of the University of Cambridge: A Case Analysis’
INTRODUCTION The case of Meagher v The Chancellor, Masters and Scholars of the University of Cambridge [2025] EWHC 30 (KB) has sparked debate regarding the extent of higher education providers’ duty of care towards students, when it comes to making reasonable adjustments under the Equality Act 2010. Not uncommonly in higher education cases, both discrimination […]
‘Corporate Governance through a Queer Perspective’
Darren Rosenblum, ‘Queers, Closets, and Corporate Governance’, 80 Business Lawyer 413 (2025). Diversity, equity, and inclusion (DEI) efforts at the board level and beyond have been a major topic in corporate governance for the last decade or two. Those efforts have mainly focused on gender and racial diversity, but initiatives (now struck down) in California […]
‘Open consultation: Make Work Pay: misuse of non-disclosure agreements (NDAs)’
The government has introduced a measure through the Employment Rights Act 2025 which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination. This consultation is seeking views on proposals regarding: (i) the […]
Jo Helme, ‘Do Unpaid Internships Breach Equality Law?’
ABSTRACT One of the pervasive legal questions surrounding unpaid internships is whether they are compliant with equality law. This speculation, however, has not yet faced judicial determination. This article analyses the merits of such a claim, focusing specifically on whether the EU recommendation that permits unpaid internships can be regarded as ‘invalid’ for discriminating based […]
Melissa Wasserman, ‘Products Liability in a World Designed for Men’
ABSTRACT Automobile crashes are a routine feature of modern life, yet their consequences are not evenly distributed. Women driving most vehicles face substantially higher risks of serious injury and death than men in comparable crashes – a disparity linked to safety systems designed and tested around male bodies. Across a wide range of consumer products […]
Elizabeth Rosenblatt, ‘Copyright’s One-Way Racial Appropriation Ratchet’
ABSTRACT This Article explores the implicit hierarchies inherent in copyright law, with particular attention to ways in which US copyright statutes and judicial opinions incorporate racial bias into those hierarchies. By devaluing the inherently dialogic and incremental nature of meaningmaking, current copyright law tends to create and perpetuate a fiction of ‘pure originality’ that disproportionately […]
Frances Hamilton, ‘The Formation, Progress and Legacy of the Committee on the Employment of Married Women in the 1920s’
ABSTRACT Marriage bars were re-established by many employers following the end of the First World War. The 1919 Sex Disqualification (Removal) Act proved to be of no assistance as a restrictive interpretation meant that it did not prevent gender discrimination. Contemporaneous materials suggested that the re-imposition of marriage bars was meekly accepted by women. Other […]
Hiller and Sewell, ‘Presumptions of AI Malfunction: A Judicial Response to AI Harms’
ABSTRACT In stark contrast to the recently revoked federal policy meant to incentivize the adoption of safe, secure, and trustworthy artificial intelligence systems, the July 2025 Winning the Race, America’s AI Action Plan succinctly summarizes its approach as ‘Build, Baby, Build!’. Public discourse, as well, vacillates between artificial intelligence (AI) as a savior or an […]