Causation in Antidiscrimination Law: Beyond Intent versus Impact

The penology of racial innocence: the erasure of racism in the study and practice of punishment.

In post–civil rights America, the ascendance of “law-and-order” politics and “postracial” ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Counte...

Gender and the Tournament: Reinventing Antidiscrimination Law in an Age of Inequality

Since the 1970’s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII’s original approach, which justified efforts to dismantle segregated workplaces as necessary to both eliminate discrimination...

Environmental Impact Assessment in Areas Beyond National Jurisdiction

The destructive effects of activities such as illegal and unreported fishing, pollution of the marine environment and resource exploitation have led to increasing concern for the health of the oceans. Nowadays, human activity in the seas is not limited to areas under national jurisdiction but extends to areas beyond national jurisdiction, in addition , science and technology cause to emerge new...

The Law and Economics of Antidiscrimination Law

This essay provides an overview of the central theoretical law and economics insights concerning antidiscrimination law across a variety of contexts including discrimination in labor markets, housing markets, consumer purchases, and policing. The different models of discrimination based on animus, statistical discrimination, and cartel exploitation are analyzed for both race and sex discriminat...

The antidiscrimination model reconsidered: ensuring equal opportunity without respect to handicap under Section 504 of the Rehabilitation Act of 1973.