Law Commons^™

Deceptive Appearances: Judges, Cognitive Bias, And Dress Codes, Marybeth Herald

Marybeth Herald

Although it is no longer legal to deny women the right to work simply because they are women, an employer can still require women conform to gender-based appearance norms in order to keep their jobs. In some industries, lipstick, foundation, mascara, and blush remain essential components of a woman's professional uniform. In these industries, men are spared the obligation of cosmetic upkeep, because only women must don face-paint to appear comfortably recognizable to customers.

Why this differential dress-code is not considered discrimination on the basis of sex under Title VII is the mystery. The textual force of anti-discrimination law would …

Our Pluralist Housing Ethics And The Struggle For Affordability, Tim Iglesias

Tim Iglesias

Building on recent scholarship, this Article explores the five “housing ethics” that have historically shaped U.S. housing law and policy: (1) housing as an economic good, (2) housing as home, (3) housing as a human right, (4) housing as providing social order, and (5) housing as one land use in a functional system. The “housing ethic” framework brings all of America’s housing law and policy under one conceptual roof. The Article argues that each of these housing ethics is deeply embedded in American housing policy and law, and that none has ever achieved a complete hegemony, i.e., that coexistence and …

Dangerous Bodies: Freak Shows, Expression, And Exploitation, Brigham A. Fordham

Brigham A Fordham

The freak shows of the late 1800s and early 1900s, which traveled the nation exhibiting “human oddities” for profit, are regaining popularity as an underground form of entertainment. While some non-legal scholars have investigated the meaning of freak shows in American culture, little attention has been paid to the laws that regulate freak shows or the legal rights of freak show participants. This Article seeks to introduce legal discourse into the discussion of freak shows and, in the process, to comment on legal approaches to preventing discrimination against persons who are physically different. Drawing upon the theories and analysis of …

Eu Sex Equality Post Amsterdam, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

Citizenship, Residence And Social Security, Mel Cousins

Mel Cousins

In two recent cases the Court of Justice has considered the impact of Union citizenship on the long-standing issue of the exportability of social security payments. These decisions clarify (i) the position of the Court in relation to the material scope of the protection provided by Article 18 EC, i.e. that the exercise of free movement is itself sufficient to bring an issue within the scope of the Treaty regardless of whether the issue actually in dispute involves a question of Community law and (ii) that the Court will examine residence requirements as a restriction on the freedoms conferred by …

The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins

Mel Cousins

The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts’ caselaw. These cases also highlight the developing– and largely complementary - relationship between the two legal orders.