Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in Law
The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg
The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg
Karen H. Rothenberg
No abstract provided.
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Karen H. Rothenberg
No abstract provided.
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
Mel Cousins
This case note examines a recent decision of the Court of Appeals for the Ninth Circuit concerning the entitlements of posthumously conceived children under social security. In contrast to its earlier (expansionary) decision in Gillett-Netting, here the Court set out the limits to how far it is willing to push the interpretation of the (convoluted) legislation and refused to find a right to benefit where there was no evidence that the father had consented to (or even considered) having a child post-mortem.
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 …
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.
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
Phoebe A. Haddon
No abstract provided.
Equality And Sorority During The Decade After Brown, Taunya Lovell Banks
Equality And Sorority During The Decade After Brown, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
A Fair And Implicitly Impartial Jury: An Argument For Administering The Implicit Association Test During Voir Dire, Dale Larson
A Fair And Implicitly Impartial Jury: An Argument For Administering The Implicit Association Test During Voir Dire, Dale Larson
Dale K Larson
While many refer to jury selection as a science, others—perhaps more accurately—liken the process to voodoo. The jury consulting industry has exploded over the last thirty years, with many attorneys paying large amounts for voir dire for erratic and unpredictable results and a general inability to detect bias accurately in potential jurors. One explanation for these poor results, even when using the latest findings in the scientific jury selection field, is that the tools currently available to attorneys and jury consultants give us only a partial picture of the individuals in question. Currently, voir dire consists of oral questioning and …
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
Mel Cousins
This article examines the non-discrimination provisions of the European Convention on Human Rights in relation to social security law. There is a now a broad power of review under the ECHR as most social security payments fall within the scope of the Convention. There is also a more flexible approach to the grounds upon which discrimination can be challenged under Article 14. However, it is suggested that the European courts may need to adopt a more nuanced (or proportionate) approach to equality review rather than a binary approach.
Age Discrimination And Social Benefits: The Long Retreat From Tétreault-Gadoury?, Mel Cousins
Age Discrimination And Social Benefits: The Long Retreat From Tétreault-Gadoury?, Mel Cousins
Mel Cousins
This case note looks at a number of recent decisions of the Canadian courts concerning age discrimination as it applies to social benefits.
Health Care And Human Rights After Auton And Chaoulli, Mel Cousins
Health Care And Human Rights After Auton And Chaoulli, Mel Cousins
Mel Cousins
The judicial approach to the interpretation of entitlement to health care under the Canadian Charter of Rights and human rights legislation has tended to swing between interventionist and non-interventionist poles. This article examines the post- Chaoulli case law on health care and the Charter of Rights and/or human rights legislation. It suggests that Chaoulli – whatever about its impact in the legislative arena – has had a somewhat limited impact to date on the case law concerning health care and that the Auton case has clearly had a greater impact to date. It argues that the subsequent case law points …
‘A Recommitment To The Idea Of Substantive Equality’ (Or Not)? S. 15(1) Of The Charter Of Rights After Kapp: Harris V Canada (Human Resources And Skills Development), Mel Cousins
Mel Cousins
This note looks at the decision of the Federal Court of Appeal in Harris – a case which raised important equality issues about the operation of the ‘drop out’ provisions in the Canadian Pension Plan. The case is interesting both for the issue itself but also because it is one of the first judgments to consider the impact of the Supreme Court’s restatement in Kapp of its approach to s. 15. However, the court of appeal was split with all three judges giving a different analysis of the issues (albeit that the claim was rejected on a split decision). Part …