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Full-Text Articles in Social and Behavioral Sciences
Fairness In Disparity: Challenging The Application Of Disparate Impact Theory In Fair Housing Claims Against Insurers, Matthew Jordan Cochran
Fairness In Disparity: Challenging The Application Of Disparate Impact Theory In Fair Housing Claims Against Insurers, Matthew Jordan Cochran
Matthew Jordan Cochran
This article responds to courts and commentators that have expressed willingness to apply the familiar "disparate impact" analysis--which is a creation of Title VII (employment discrimination) jurisprudence--in suits against homeowners' insurers. Specifically, these insurers' credit-based pricing mechanisms systems are attacked under the Fair Housing Act as having a discriminatory effect on members of protected classes with poor credit. Unfortunately, there are a number of legal, conceptual, and practical arguments against application of this Title VII standard in such cases. Yet courts endorsing this standard do not appear to have given due consideration to the possibility that some disparities simply might …
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Michael K Marriott
With 27 member states, the EU is not a body in and of itself, but rather is a central authority constituted of its member states. In order to create a reasonable level of coherence within the Union, the national politics of each member state must undergo a process of Europeanization so as to find a common ground for the members to work together. This leads to the logical question: ‘to what extent are national politics Europeanized?’ Although important to consider, this question is overly broad for the purposes of this paper. A more appropriate question, one that exists within the …