Law Commons^™

Section 1981 And The Alchemy Of Race And Contract, Eyal Diskin

Eyal Diskin

Many antidiscrimination laws regulate contract relations. They impose certain duties on contracting partners with the hope that the availability of legal sanctions would transform the nature of those market interactions. Yet these antidiscrimination statues, considered a staple of public law, are conceived by many first and foremost as a vehicle to fight racism, not design contracts. Little attention has so far been given to how antidiscrimination laws support a certain way for conducting contract relations. This article addresses this gap by putting forward the claim that antidiscrimination laws which pertain to contract relations do not only regulate the public sphere …