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The Problem of Disproportionate Racial Impact

Richard S. Frase

in Just Sentencing: Principles and Procedures for a Workable System

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199757862
eISBN:
9780199979547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199757862.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter addresses the persistent problem of racial disproportionality in prison and jail populations. The chapter examines the apparent causes of this problem, within and outside the criminal ... More


High-Stakes Testing Litigation

Benjamin Michael Superfine

in The Courts and Standards-Based Education Reform

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337488
eISBN:
9780199868667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337488.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the law governing high-stakes testing in four major areas: intentional discrimination, preservation of the effects of prior segregation, disparate impact, and due process. It ... More


The Law of Disparate Treatment and Impact

Ann C. McGinley

in Masculinity at Work: Employment Discrimination through a Different Lens

Published in print:
2016
Published Online:
January 2017
ISBN:
9780814796139
eISBN:
9780814764329
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796139.003.0006
Subject:
Law, Employment Law

This chapter explains the different types of allegations of illegal discrimination available under Title VII of the Civil Rights Act and examines the proof constructs that the Supreme Court has ... More


Discrimination, Disparate Impact, and Theories of Justice

Richard Arneson

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0006
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter defends an act consequentialist approach to the law and morality of non-discrimination. It emphasizes R. M. Hare's idea that moral thinking should be conceived as functioning on ... More


Indirect Discrimination and the Anti-discrimination Mandate

Michael Selmi

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0013
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter raises the question of whether the disparate impact theory may have run its course or perhaps served its purpose. In raising that question, it discusses how ? and whether ? the concept ... More


Proving Disparate Impact through Masculinities

Ann C. McGinley

in Masculinity at Work: Employment Discrimination through a Different Lens

Published in print:
2016
Published Online:
January 2017
ISBN:
9780814796139
eISBN:
9780814764329
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796139.003.0009
Subject:
Law, Employment Law

This chapter examines the use of masculinities theory to prove a disparate impact cause of action under Title VII of the Civil Rights Act of 1964. It notes that disparate impact creates a potential ... More


Victim Impact: HIV Threat and the Disparate Impact of HIV Criminalization

Trevor Hoppe

in Punishing Disease: HIV and the Criminalization of Sickness

Published in print:
2017
Published Online:
May 2018
ISBN:
9780520291584
eISBN:
9780520965300
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520291584.003.0007
Subject:
Sociology, Law, Crime and Deviance

During the summer of 2014, an explosive arrest was splashed across Midwestern newspapers: a young gay black man in a conservative county in Missouri and the accusations against him quickly became a ... More


Concrete or Abstract Conceptions of Discrimination?

George Rutherglen

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0007
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter begins by discussing how prohibitions against discrimination never appear in isolation, but only as part of a surrounding legal structure that gives them form and meaning. It then ... More


Federal Environmental Justice Policy in Permitting

Eileen Gauna

in Failed Promises: Evaluating the Federal Government's Response to Environmental Justice

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028837
eISBN:
9780262327138
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028837.003.0003
Subject:
Environmental Science, Environmental Studies

This chapter examines federal environmental justice policy in the area of facility permitting. The chapter provides a detailed analysis of how distributive and procedural environmental justice issues ... More


Discrimination without Inequality?

Shlomi Segall

in Equality and Opportunity

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199661817
eISBN:
9780191760877
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661817.003.0005
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter provides a new, radical, understanding of discrimination. Discrimination is bad, when and only when, it exacerbates inequality in access to overall welfare. It is shown that this account ... More


The Puzzle of Indirect Discrimination

Benjamin Eidelson

in Discrimination and Disrespect

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198732877
eISBN:
9780191796890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198732877.003.0003
Subject:
Philosophy, Moral Philosophy

What is the relationship between “indirect” discrimination (or discrimination based on “disparate impact”) and the central concept of discrimination elaborated in Chapter 1? This chapter argues that ... More


Oppressions: Racial and Other

Sally Haslanger

in Resisting Reality: Social Construction and Social Critique

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199892631
eISBN:
9780199980055
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199892631.003.0011
Subject:
Philosophy, Moral Philosophy, Feminist Philosophy

If one adopts an account of oppression according to which bad intentions, or hatred on the part of the oppressor is not necessary—if, in fact, no mental state on the part of the privileged group is ... More


Measuring Inequality: The Roles of Values and Inductive Risk

Robin Andreasen and Heather Doty

in Exploring Inductive Risk: Case Studies of Values in Science

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190467715
eISBN:
9780190467753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467715.003.0007
Subject:
Philosophy, Philosophy of Science

The focus of this chapter is on the argument from inductive risk in the context of social science research on disparate impact in employment outcomes. It identifies three types of situations in the ... More


Opening Up the Workplace: The Title VII Campaign

Richard A. Rosen and Joseph Mosnier

in Julius Chambers: A Life in the Legal Struggle for Civil Rights

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469628547
eISBN:
9781469628561
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469628547.003.0011
Subject:
History, African-American History

This chapter describes the contributions of Julius Chambers and his partners, most particularly Robert Belton, to the LDF's national litigation campaign to enforce Title VII of the Civil Rights Act ... More


De Facto Segregation: A National Myth

Richard Rothstein

in Facing Segregation: Housing Policy Solutions for a Stronger Society

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190862305
eISBN:
9780190862336
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190862305.003.0002
Subject:
Social Work, Social Policy, Communities and Organizations

The United States’ ability to desegregate metropolitan areas is hobbled by historical ignorance. Believing that segregation is de facto, resulting mostly from private prejudice and income ... More


Introduction

Benjamin Eidelson

in Discrimination and Disrespect

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198732877
eISBN:
9780191796890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198732877.003.0001
Subject:
Philosophy, Moral Philosophy

Hardly anyone disputes that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something discrimination, as well as precisely why (and ... More


The Bias Debate

Jon A. Shields and Joshua M. Dunn Sr.

in Passing on the Right: Conservative Professors in the Progressive University

Published in print:
2016
Published Online:
March 2016
ISBN:
9780199863051
eISBN:
9780199860241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199863051.003.0004
Subject:
Religion, Religion and Society

This chapter reviews research on political bias in academia. The best evidence suggests discrimination at the point of hiring and promotion certainly does not account for the dominance of liberals in ... More


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