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Full-Text Articles in Law
When Is Discrimination Wrong?, Deborah Hellman
When Is Discrimination Wrong?, Deborah Hellman
Deborah Hellman
A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling. In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is …
Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman
Two Types Of Discrimination: The Familiar And The Forgotten, Deborah Hellman
Deborah Hellman
This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction between two types of discrimination. Current doctrine is inadequate, according to the author, because it treats all discrimination cases as if they were instances of only one of these types. As a result, the Supreme Court mistreats discrimination cases of the forgotten variety. The author draws a distinction between proxy and non-proxy discrimination. Proxy discrimination uses the classification in the law as a means to reach a set of persons with a different, correlated trait. Non-proxy discrimination, by contrast, aims at the set defined by …
When Is Discrimination Wrong?, Deborah Hellman
Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman
Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study In Insuring Battered Women, Deborah Hellman
Deborah Hellman
No abstract provided.
Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman
Classification And Fair Treatment: An Essay On The Moral And Legal Permissibility Of Profiling, Deborah Hellman
Deborah Hellman
Prior to the events of September 11, 2001, there appeared to be a consensus that profiling was both legally prohibited and morally wrong. Since 9/11, that consensus has eroded. In order to determine whether the fear and uncertainty occasioned by current events have simply clouded our judgment or whether, instead, the earlier rejection of profiling was too facile, we need to better understand precisely what we mean by "profiling." More importantly, we must develop a theory that explains when profiling, so defined, violates constitutional norms. This paper takes up that task. The paper uses the term "profiling" to mean any …
It's Not The Thought That Counts, Deborah Hellman
It's Not The Thought That Counts, Deborah Hellman
Deborah Hellman
The article considers a central question about discrimination – are an actor’s intentions relevant to whether an action wrongfully discriminates – and takes issue with a familiar answer to this question. If one thinks of “discrimination” in its literal sense, as simply drawing distinctions among people on the basis of possessing or lacking some trait, it becomes clear that discrimination is ubiquitous and often benign. The challenge is to distinguish when discrimination is permissible and when it is not. One common answer to this question is that it is the intentions of the actor who adopts or enacts a law, …
The Expressive Dimension Of Equal Protection, Deborah Hellman
The Expressive Dimension Of Equal Protection, Deborah Hellman
Deborah Hellman
No abstract provided.