Social and Behavioral Sciences Commons^™

Pluralism, Private Schools And Public Policy, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.

Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Religious Access To Public Programs And Government Funding, Dean M. Kelley

Brigham Young University Journal of Public Law

No abstract provided.

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

Reply Comments To Fcc Notice Of Proposed Rules On Consumer Electronics Compatibility, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon

Scholarship Chronologically

In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …

Epstein's Premises, Evan Tsen Lee

San Diego Law Review

This Article criticizes Richard Epstein's argument that Congress should repeal Title VII expressed in his book Forbidden Grounds: The Case Against Employment Discrimination. The author's criticisms of Epstein's argument are the product of disagreement with some of Epstein's premises, and disagreement with some of Epstein's choices about where to stop his analyses. The author disputes Epstein's premise that governmental intervention into otherwise accessible markets is justifiable only in cases of force or fraud. The author also notes some of Epstein's empirical suppositions that are inconsistent with one another.

Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres

San Diego Law Review

This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.

Licensing Laws: A Historical Example Of The Use Of Government Regulatory Power Against African Americans, David E. Bernstein

San Diego Law Review

This Article addresses how the legacy of government policy has been a large factor in the economic subjugation of black Americans between Reconstructionist and the modern Civil Rights era. Specifically, this Article displays how white interest groups used occupational licensing laws to stifle black economic progress, and how these laws were used to prevent blacks from competing with established white skilled workers. The author notes that Richard Epstein with his book Forbidden Grounds: The Case Against Employment Discrimination Laws has done the legal community a great service by reminding it that the source of some of the economic disparity between …

The Discrimination Shibboleth, Andrew Kull

San Diego Law Review

This Article explores a more conservative viewpoint than Richard Epstein's view that all employment antidiscrimination laws should be repealed in his book Forbidden Grounds: The Case Against Employment Discrimination. This Article focuses on the distinctions between current antidiscrimination laws and those of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 prohibited discrimination on the basis of race and sex, current laws prohibit discrimination on many other grounds. The author argues that these new laws constitute new policy choices, and they impose more costs than the traditional laws.

Learning To Love Japan: Social Norms And Market Incentives, J. Mark Ramseyer

San Diego Law Review

This Article applies Japanese market behavior to Richard Epstein's theories in his book Forbidden Grounds: The Case Against Employment Discrimination. The author uses Japan to argue that economic incentives need not matter, and that whatever incentives markets and laws may provide, people may still ignore them. This Article suggests that if independent social norms can sustain systematically unprofitable behavior in Japan, then maybe they would have sustained Jim Crow policies in the American south. If Japanese routinely ignore economic incentives to perpetuate social norms, then whites might have ignored the market advantage to hiring African Americans and discriminated against their …

Standing Firm, On Forbidden Grounds, Richard A. Epstein

San Diego Law Review

This introductory Article to the Title VII Symposium contained in this issue of the San Diego Law Review addresses the critiques leveled at the book Forbidden Grounds: The Case Against Employment Discrimination Laws. Richard Epstein, the author of the book, recognizes the disagreement expressed in the Articles in the Symposium, and attempts to defend his thesis in this Article. He argued in Forbidden Grounds that the best set of overall social outcomes would come from eliminating antidiscrimination laws which prohibit employer discrimination on the grounds of race, creed, sex, age, handicap, or anything else. In this Article, he addresses several …

Reality, Drew S. Days, Iii

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

Against First Principles, Jerry L. Mashaw

San Diego Law Review

This Article makes the argument that broad principles often get in the way of sensible public policy analysis and that one should be prepared to abandon them rather quickly when encountering heavy philosophical or political arguments. The author uses Richard Epstein's book Forbidden Grounds: The Case Against Employment Discrimination as a good example of the difficulty of developing plausible policy prescriptions while engaging in an argument based on broad principles. The Article notes weaknesses in Epstein's arguments concerning liberty, utility and efficiency as starting points for an evaluation of antidiscrimination law. The author applies his analysis to the Americans with …

Market Affirmative Action, Robert Cooter

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer

San Diego Law Review

In his book Forbidden Grounds: The Case Against Employment Discrimination Laws, Richard Epstein attacks antidiscrimination law from three different philosophical points of view: utilitarian, libertarian, and freedom of contract. The author of this Article addresses each of these philosophies, and argues that none of these arguments is compelling as applied to a legal regime as popular as Epstein admits core antidiscrimination law to be. This Article points out inconsistencies in Epstein's view of the public's acceptance of antidiscrimination laws as being silly.

Was The Corruption Of Civil Rights Law Inevitable, Christopher T. Wonnell

San Diego Law Review

This Article accepts Richard Epstein's premise that civil rights laws have become corrupt set forth in his book Forbidden Grounds: The Case Against Employment Discrimination. Once this corruption is recognized, this Article asks two questions about the change in focus of the antidiscrimination laws: (1) Was it inevitable that the antidiscrimination laws would follow this course?; and (2) If it was inevitable, should we live with the resulting costs, or bite the bullet and repeal antidiscrimination laws in the private economy? This Article discusses considerations pertinent to such answers.

Epstein On His Own Grounds, Richard H. Mcadams

San Diego Law Review

This Article criticizes Richard Epstein's thesis in his book Forbidden Grounds: The Case against Employment Discrimination. The Article argues that Epstein fails to follow through on his own terms. The author expresses disagreement with Epstein's invocation of Thomas Hobbes without considering the Hobbesian argument for Title VII. Mr. McAdams also notes that Epstein relies on economic analysis without disclosing its dependence on controversial empirical assumptions. The author uncovers Epstein's other inconsistencies: his empirical claims, particularly about social norms, where Epstein does not apply the standards of criticism to supporting evidence that he applies to contrary evidence.

Guidelines For Handling Domestic Violence Cases In Community Mental Health Centers, Carol E. Jordan, Robert Walker

Office for Policy Studies on Violence Against Women Publications

Community mental health centers are becoming increasingly involved in the delivery of services to victims and perpetrators of domestic violence. To help centers plan a domestic violence program and address the risk of liability in treating clients who may be dangerous, the authors suggest principles to guide clinical decisions, standards for service delivery, and standards for staff development.

Epstein's Challenge To The Civil Rights Regime, W. B. Allen

San Diego Law Review

This Article takes a close look at the government's determination of the substantive meaning of nondiscrimination in order to better evaluate the relation between the current practice of the civil rights regime and the alternative suggested by Richard Epstein in his book Forbidden Grounds: The Case Against Employment Discrimination Laws. It also analyzes the "limit condition view" of government, namely that the government may in no way discriminate, and everyone cannot be prevented from discriminating. The author concludes that defenders of the civil rights regime must engage Epstein's argument, because failing to do so will be to fail either to …

2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

Comments Submitted To Fcc Notice Of Proposed Rules On Consumer Electronics Compatibility, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Human Rights In Egypt: The Practical Experience, Naila Gabr

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

Introduction: Dealing With Human Rights In The Arab World, Dan Tschirgi

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The United Nations And Human Rights, Larisa Gabriel

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

The Criminal Law And The Luck Of The Draw, Sanford H. Kadish

Journal of Criminal Law and Criminology

No abstract provided.