Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue
Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue
John Donohue
Book Review - Forbidden Grounds: The case against employment discrimination law by Richard A. Epstein. Cambridge and London: Harvard University Press 1992
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John J. Donohue, Peter Siegelman
Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John J. Donohue, Peter Siegelman
John Donohue
For the past two decades the law and economics movement has been one of the most influential forces in the legal academy. Its practitioners have relentlessly sought to unleash microeconomic insights on formerly pristine areas of legal doctrine. This Article focuses on a branch of law - employment discrimination-that has already been examined from a microeconomic perspective. However, it represents a departure from the previous literature in that it considers the impact of macroeconomic phenomena on several aspects of employment discrimination litigation.