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Full-Text Articles in Law
Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson
Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson
Scholarly Works
No abstract provided.
Retaliation, Deborah Brake
Retaliation, Deborah Brake
Articles
This Article takes a comprehensive look at retaliation and its place in discrimination law. The Article begins by examining current social science literature to understand how retaliation operates as a social practice to silence challenges to discrimination and preserve inequality. Then, using the recent controversy over whether to imply a private right of action for retaliation from a general ban on discrimination as a launching point, the Article theorizes the connections between retaliation and discrimination as legal constructs, and contends that retaliation should be viewed as a species of intentional discrimination. The Article argues that situating retaliation as a practice …