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Law, Economics, and Morality

Eyal Zamir and Barak Medina

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.001.0001
Subject:
Law, Philosophy of Law

Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the ... More


Gender, Caste, and Law

Cass R. Sunstein

in Women, Culture, and Development: A Study of Human Capabilities

Published in print:
1995
Published Online:
November 2003
ISBN:
9780198289647
eISBN:
9780191596698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198289642.003.0014
Subject:
Economics and Finance, Development, Growth, and Environmental

Sunstein explores the issue of law and its impact on women's quality of life, scrutinizing how law sustains and supports discrimination against women and how it might embody a commitment to sex ... More


Introduction

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.11
Subject:
Law, Philosophy of Law

This introductory chapter provides an overview of the book's motivation and goals, and describes the structure of the discussion.


Legal Contexts and Law Related to Psychological Injuries

William J. Koch, Kevin S. Douglas, Tonia L. Nicholls, and Melanie L. O'Neill

in Psychological Injuries: Forensic Assessment, Treatment, and Law

Published in print:
2005
Published Online:
May 2009
ISBN:
9780195188288
eISBN:
9780199870486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195188288.003.0003
Subject:
Psychology, Developmental Psychology

This chapter discusses the primary areas of law in which psychological injury is likely to be material and relevant, and in which mental health professionals are likely to find themselves practicing. ... More


Antisubordination

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0004
Subject:
Law, Human Rights and Immigration

This chapter examines the ways in which antisubordination concerns augment those about the need for neutrality in contemporary antidiscrimination jurisprudence. It explains how antisubordination ... More


Status

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0005
Subject:
Law, Human Rights and Immigration

This chapter explores the focus on status, as opposed to conduct, in American antidiscrimination law. It argues that an expanding conception of gender as status is driving the current protection of ... More


Perfectionism

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0006
Subject:
Law, Human Rights and Immigration

This chapter explores the extent to which a covert perfectionism, or theory of the good life, may be at work, along with more traditional antidiscrimination values, in contemporary sex discrimination ... More


Expressive Freedom: A Short Discussion of a Value That Is Not There

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0007
Subject:
Law, Human Rights and Immigration

This chapter explores the extent to which courts’ expanding protection for gender nonconformists in the workplace reflects, as judicial rhetoric often suggests, a judicial commitment to freedom of ... More


Bottlenecks: A New Theory of Equal Opportunity

Joseph Fishkin

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199812141
eISBN:
9780199395576
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812141.001.0001
Subject:
Political Science, Political Theory

Equal opportunity is a powerful idea with broad appeal. Yet the most attractive existing conceptions of equal opportunity cannot be achieved. As long as families are free to raise their children ... More


Law and the Contradictions of the Disability Rights Movement

Samuel R. Bagenstos

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.001.0001
Subject:
Law, Legal History

The passage of the Americans with Disabilities Act (ADA) in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that ... More


International Human Rights and Mental Disability Law: When the Silenced are Heard

Michael L. Perlin

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.001.0001
Subject:
Psychology, Forensic Psychology

Society is largely blind to the ongoing violations of international human rights law in the context of the institutional commitment and treatment of persons with mental disabilities. Notwithstanding ... More


Legislating Equality: The Politics of Antidiscrimination Policy in Europe

Terri E. Givens and Rhonda Evans Case

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198709015
eISBN:
9780191779602
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198709015.001.0001
Subject:
Political Science, Political Theory

The development of antidiscrimination policy in Europe closely mirrored European Union deepening in the 1990s, but its roots lie in developments during the 1980s. Actors in the European Parliament ... More


A Disability Rights Tribunal for Asia and the Pacific

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0017
Subject:
Psychology, Forensic Psychology

The existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. ... More


Activism under EU Leverage: Poland and the Czech Republic, 1998–2004

Conor O'Dwyer

in Coming Out of Communism: The Emergence of LGBT Activism in Eastern Europe

Published in print:
2018
Published Online:
May 2019
ISBN:
9781479876631
eISBN:
9781479877829
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479876631.003.0005
Subject:
Political Science, European Union

This chapter shows how the onset of EU leverage began to transform the dynamics of LGBT activism in Poland but not in the Czech Republic. The arcs of activism now began to reverse, with the Polish ... More


Harm to Norms

Jethro K. Lieberman

in Liberalism Undressed

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199919840
eISBN:
9780199980376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199919840.003.0010
Subject:
Political Science, Political Theory

This chapter demonstrates the incompatibility of the harm principle with various claims that forms of harmless immorality and other conduct that some people view as reprehensible or disgusting ought ... More


Is Racial Equality Unconstitutional?

Mark Golub

Published in print:
2018
Published Online:
February 2018
ISBN:
9780190683603
eISBN:
9780190683634
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683603.001.0001
Subject:
Political Science, American Politics, Political Theory

Discussions of race in American law and politics have been captured by the figure of the color-blind Constitution. Whether embraced as an ideal of constitutional equality or rejected for perpetuating ... More


Jockeying, Buck-Passing, and Double-Talk

Simon Topping

in Lincoln's Lost Legacy: Republican Party and the African American Vote, 1928–1952

Published in print:
2008
Published Online:
September 2011
ISBN:
9780813032283
eISBN:
9780813038971
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813032283.003.0006
Subject:
History, African-American History

After the death of Franklin Roosevelt in April 1954, the Republican Party's hopes of regaining the African American vote, and more importantly the White House, increased and widened. Dewey was shaped ... More


Juridical Subordination

Roy L. Brooks

in The Racial Glass Ceiling: Subordination in American Law and Culture

Published in print:
2017
Published Online:
January 2018
ISBN:
9780300223309
eISBN:
9780300227611
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300223309.003.0003
Subject:
Sociology, Race and Ethnicity

This chapter focuses on the socio-legal race problem; namely juridical subordination. The Supreme Court engages in this form of racial subordination when its rulings freeze or impede racial progress ... More


Multiracial Americans and racial discrimination

Tina Fernandes Botts

in Race Policy and Multiracial Americans

Published in print:
2016
Published Online:
January 2017
ISBN:
9781447316459
eISBN:
9781447316480
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447316459.003.0006
Subject:
Society and Culture, Gender Studies

This chapter provides an overview of the historical engagement between multiracial people and the law. In doing so, it identifies and examines factors contributing to the failure of current ... More


Reflections in Black and White, and Where We Go from Here

Angela Onwuachi-Willig

in According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300166828
eISBN:
9780300166880
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300166828.003.0009
Subject:
History, Social History

This chapter examines data from surveys to reflect upon the key questions from the Rhinelander case and to understand its meaning for black-white married and committed couples and their families at ... More


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