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Articles 1 - 20 of 20
Full-Text Articles in Law
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts
Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts
Tina F Botts
Misunderstanding the concept of race as based in biology is the root error of Professor Nancy Leong's recommendation of a switch to "perceived race" in antidiscrimination law in order to protect multiracial persons from illegal racial discrimination. Once race is understood as socio-historically constructed and context-dependent rather than as rooted in biology, antidiscrimination law need only add multiracial persons to the categories of specially protected groups in order to protect multiracial persons from illegal discrimination.
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Yofi Tirosh
This Article addresses a common characteristic of antidiscrimination law: To what extent should one antidiscrimination campaign be held accountable for other, related, discriminatory structures that it does not and cannot purport to correct? Plaintiffs in antidiscrimination cases are sometimes expected to account for the larger social context in which their claim is made. Defendants invoke this larger context as a way of rebutting the discrimination claim, by arguing that the plaintiff’s claim has “discriminatory residue” that would exacerbate related discriminatory structures. For example, in a case in which same-sex couples seek the right to contract with surrogate mothers, the defendant …
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerationsjels, John J. Donohue
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerationsjels, John J. Donohue
John Donohue
This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …
The Legal Response To Discrimination: Does Law Matter?, John J. Donohue
The Legal Response To Discrimination: Does Law Matter?, John J. Donohue
John Donohue
The topic of the legal response to discrimination is broad and growing. It includes everything from hate crime legislation and governmental prohibition of discrimination in the purchase of housing, cars, and loans, to restrictions on discrimination in the provision of government services and benefits as well as in employment.1 In the latter category alone, the body of law banning discrimination in the workplace has both deepened as the original prohibitions against discrimination on the basis of "race, color, religion, sex, or national origin" (Section 703(a)(1) of Tide VII of the Civil Rights Act of 1964) have been interpreted to prohibit …
The Aging Workforce And Paid Time Off, Gillian Lester
The Aging Workforce And Paid Time Off, Gillian Lester
Gillian Lester
No abstract provided.
The Evolution Of Employment Discrimination Law In The 1990s: A Preliminary Empirical Investigation, John Donohue, Peter Siegelman
The Evolution Of Employment Discrimination Law In The 1990s: A Preliminary Empirical Investigation, John Donohue, Peter Siegelman
John Donohue
No abstract provided.
Understanding The Reasons For And Impact Of Legislatively Mandated Benefits For Selected Workers, John Donohue
Understanding The Reasons For And Impact Of Legislatively Mandated Benefits For Selected Workers, John Donohue
John Donohue
No abstract provided.
The Impact Of Race On Policing And Arrests, John Donohue, Steven Levitt
The Impact Of Race On Policing And Arrests, John Donohue, Steven Levitt
John Donohue
No abstract provided.
Discrimination In Employment, John Donohue
Some Thoughts On Affirmative Action, John Donohue
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John Donohue
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John Donohue
John Donohue
No abstract provided.
Advocacy Versus Analysis In Assessing Employment Discrimination Law, John J. Donohue
Advocacy Versus Analysis In Assessing Employment Discrimination Law, John J. Donohue
John Donohue
No abstract provided.
Continuous Versus Episodic Change: The Impact Of Civil Rights Policy On The Economic Status Of Blacks, John Donohue, James Heckman
Continuous Versus Episodic Change: The Impact Of Civil Rights Policy On The Economic Status Of Blacks, John Donohue, James Heckman
John Donohue
No abstract provided.
Re-Evaluating Federal Civil Rights Policy, John Donohue, James Heckman
Re-Evaluating Federal Civil Rights Policy, John Donohue, James Heckman
John Donohue
No abstract provided.
The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman
The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman
John Donohue
No abstract provided.
Studying The Iceberg From Its Tip: A Comparison Of Published And Unpublished Employment Discriminatin Cases, John Donohue, Peter Siegelman
Studying The Iceberg From Its Tip: A Comparison Of Published And Unpublished Employment Discriminatin Cases, John Donohue, Peter Siegelman
John Donohue
No abstract provided.
Prohibiting Sex Discrimination In The Workplace: An Economic Perspective, John Donohue
Prohibiting Sex Discrimination In The Workplace: An Economic Perspective, John Donohue
John Donohue
No abstract provided.
Further Thoughts On Employment Discrimination Legislation: A Reply To Judge Posner, John Donohue
Further Thoughts On Employment Discrimination Legislation: A Reply To Judge Posner, John Donohue
John Donohue
No abstract provided.
Is Title Vii Efficient?, John Donohue