340,607 research outputs found
Discrimination Revised: Reviewing the Relationship between Social Groups, Disparate Treatment, and Disparate Impact
Get PDFIt is usually accepted that whether or not indirect discrimination is a form of immoral discrimination, it appears to be structurally different from direct discrimination. First, it seems that either one involves the agent focusing on different things while making a decision. Second, it seems that the victimâs group membership is relevant to the outcomes of either sort of action in different ways. In virtue of these two facts, it is usually concluded that indirect discrimination is structurally different from direct discrimination. I argue against the notion that indirect discrimination and direct discrimination have significantly different structures. I first argue that both kinds of discrimination involve similar decision-making processes. Second, I analyze how being in a social group affects personal identity, and from there argue that indirect discrimination and direct discrimination are about group membership similarly. In virtue of these two arguments, I conclude that direct and indirect discrimination are structurally similar
Foundations of Indirect Discrimination Law (Review)
Get PDFThis is a review of Foundations of Indirect Discrimination Law. Edited by Hugh Collins and Tarunabh Khaitan. [Oxford: Hart Publishing, 2018. x + 292 pp. Hardback ÂŁ65.00. ISBN 978-15-09912-54-4.]
Foundations of Indirect Discrimination Law. Edited by Hugh Collins and Tarunabh Khaitan. [Oxford: Hart Publishing, 2018. x + 292 pp. Hardback ÂŁ65.00. ISBN 978-15-09912-54-4.
Price Discrimination and Copyright Law: Evidence from the Introduction of DVDs
Get PDFThis paper examines the welfare effects of intellectual property protection, accounting for firmsâ optimal responses to legal environments. I examine firmsâ use of indirect price discrimination in response to U. S. copyright law preventing direct price discrimination. Using data covering VHS and DVD movie distribution, I explain studiosâ optimal pricing strategies under U. S. copyright law, and determine optimal pricing strategies under E. U. copyright law, which allows for direct price discrimination. I find that studiosâ use of indirect price discrimination benefits consumers and harms retailers. Optimal pricing under E. U. copyright law further benefits studios and consumers. I also reanalyze these issues assuming continued DVD adoption.
Everyday confrontation of discrimination: The well-being costs and benefits to women over time.
Get PDFTaking action against discrimination has positive consequences for well-being (e.g., Cocking & Drury, 2004) but most of this research has focused on collective actions and has used methodologies assessing one point in time. This study therefore used a diary methodology to examine how womenâs everyday confrontations of discrimination would affect measures of subjective and psychological well-being, and how these relationships would change over time. In a 28-day online diary study, women indicated their daily experience of discrimination, described their response, and completed measures of well-being. Results showed that at the beginning of the study, using indirect confrontation predicted greater well-being than using angered confrontation. However, continued use of indirect and educational confrontation decreased well-being whereas continued use of angered confrontation increased well-being over time. By the end of the study, using angered confrontation predicted greater well-being than using indirect confrontation. Analyses of linguistic markers were consistent with the explicit measures of well-being. Implications for distinguishing between types of confrontations and integrating time analyses are discussed
[Review of] Joe R. Feagin and Clairece Booher Feagin. Discrimination American Style: Institutional Racism and Sexism, 2nd ed.
Get PDFDiscrimination American Style seeks to answer two basic questions: Why do women, blacks, and other minorities experience discrimination in the United States? and What types of discriminatory behaviors continue in practice today? Feagin and Feagin attempt to integrate existing research on issues of racism and sexism which focuses on the overall theme of institutional discrimination. They examine similarities and differences between racist and sexist behaviors and practices in order to determine whether or not discrimination exists, and if so, to what degree. They reject the popular belief that prejudice and bigotry are causes of discrimination and argue that practices which often appear to be neutral may in fact be evidence of indirect or subtle institutional discrimination
Divide and teach: educational inequality and the Roma
Get PDFThis paper will discuss the decision of the Grand Chamber of the European Court of Human Rights in DH and Others v Czech Republic which found that the practice of sending Roma pupils to special schools in order to provide remedial education undermined the human rights to education and non-discrimination contrary to the European Convention on Human Rights. The case highlights the degree of exclusion that Roma children face in the Czech Republic, yet this entrenched inequality is not unique to the region or to the context of education. The decision also clarifies the interpretation of indirect discrimination under Article 14 of the Convention. The EU Equal Treatment Directive has paved the way for an enlightened approach to the question of indirect discrimination and in particular shifts the burden of proof to the respondent once a prime facie case is established. The Grand Chamberâs decision supports this approach and endorses the use of verifiable statistics in order to demonstrate prime facie discrimination. It also enables a broader enquiry into the societal context behind the facts
The concept of disability discrimination and its legal construction
Get PDFThe purpose of this paper is to examine the key issues surrounding the legal construction of the concept of discrimination based on disability. This paper examines these issues in the context of the European Communityâs framework directive on equal treatment in employment and occupation , in order to highlight the particular needs which must be addressed in developing laws to combat such discrimination. Where relevant, the paper contrasts the approach necessary for disability based discrimination with the traditional approach in relation to sex and race discrimination. The paper therefore examines the following areas: (i) the purpose of enacting non-discrimination laws in the context of disability; (ii) the definition of âdisabilityâ as a ground of discrimination; (iii) the concepts of direct and indirect discrimination; and (iv) the duty to provide reasonable accommodations.</p
Price Discrimination, Copyright Law, and Technological Innovation: Evidence from the Introduction of DVDs
Get PDFThis paper examines the welfare effects of intellectual property protection, accounting for firms' optimal responses to legal environments and technological innovation. I examine firms' use of indirect price discrimination in response to U.S. copyright law, which effectively prevents direct price discrimination. Using data covering VHS and DVD movie distribution, I explain studios' optimal pricing strategies under U.S. copyright law, and determine optimal pricing strategies under E.U. copyright law, which allows for direct price discrimination. I analyze these optimal pricing strategies for both the existing VHS technology and the new digital DVD technology. I find that studios' use of indirect price discrimination under US copyright law benefits consumers and harms retailers. Optimal pricing under E.U. copyright law also tends to benefit studios and consumers. I also reanalyze these issues assuming continued DVD adoption.
A question of religion or orientation: Hall & Preddy v Bull and the possible effect of the Equality Act 2010
Get PDFA consideration of the interplay of religion and sexual orientation discrimination following decisions in recent English cases and the potential impact of the Equality Act 2010 on notions of direct and indirect discrimination. Article by James Hand and Pat Feast (School of Law, University of Portsmouth) published in Amicus Curiae â Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London)
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