Comparative Equality and Anti-Discrimination Law, Third Edition

Comparative Equality and Anti-Discrimination Law, Third Edition
Title Comparative Equality and Anti-Discrimination Law, Third Edition PDF eBook
Author David B. Oppenheimer
Publisher Edward Elgar Publishing
Pages 674
Release 2020-02-28
Genre Law
ISBN 1788979214

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This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.

Comparative Equality and Anti-discrimination Law

Comparative Equality and Anti-discrimination Law
Title Comparative Equality and Anti-discrimination Law PDF eBook
Author David Benjamin Oppenheimer
Publisher Foundation Press
Pages 0
Release 2012
Genre Discrimination
ISBN 9781609300616

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This casebook compares U.S. equality and antidiscrimination law with the law of several other legal systems, including those in Europe, South Africa, China, Colombia, and Argentina. Coverage includes equality issues in marriage, employment, affirmative action, reproductive rights, state religion, religious minorities, hate speech, and federalism. Extensive chapter notes add context to the developing law in these subject areas. Accessibility is enhanced by an extensive teacher's manual containing recommended syllabi for law school lectures, seminars, summer programs, and undergraduate law and society courses.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law
Title Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law PDF eBook
Author Marie Mercat-Bruns
Publisher Springer
Pages 558
Release 2018-06-30
Genre Law
ISBN 3319900684

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This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

European Union Non-Discrimination Law

European Union Non-Discrimination Law
Title European Union Non-Discrimination Law PDF eBook
Author Dagmar Schiek
Publisher Routledge
Pages 444
Release 2009-06-02
Genre Law
ISBN 1134049323

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This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

European Union Non-Discrimination Law and Intersectionality

European Union Non-Discrimination Law and Intersectionality
Title European Union Non-Discrimination Law and Intersectionality PDF eBook
Author Prof Dr Dagmar Schiek
Publisher Ashgate Publishing, Ltd.
Pages 656
Release 2013-02-28
Genre Law
ISBN 140949750X

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This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

Australian Anti-Discrimination Law

Australian Anti-Discrimination Law
Title Australian Anti-Discrimination Law PDF eBook
Author Neil Rees
Publisher
Pages 1088
Release 2018-02-27
Genre Discrimination
ISBN 9781760021559

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This new edition of Australia's most comprehensive book on anti-discrimination law has been fully revised and updated, re-written and reformatted to enhance its accessibility. It continues to offer both a substantial text for a specialist audience, and a powerful critique of anti-discrimination law in Australia. The authors support their analysis and explanation of legislation and case law with carefully selected extracts from a broad range of decisions, law reform reports, and academic writers and commentators."[T]his encyclopaedic work is simply indispensable. The authors are acknowledged experts and seasoned campaigners, and their lucid exposition is enriched by extensive quotation from the work of other expert commentators. The coverage is breathtaking in its scope and depth, the attention to detail astonishing. To identify the differences between State, Territory and Commonwealth provisions, topic by topic, is a work of herculean proportions, requiring meticulous care." - The Hon Justice Chris Maxwell AC (from the foreword)Key Features of the New EditionRevised introduction to and overview of Australian anti-discrimination law.New standalone chapters for Protected Attributes: Race Discrimination, Sex Discrimination, Disability Discrimination, Age Discrimination, Carers' Responsibilities and Other Protected Attributes.Detailed account of legislative reform and developments in case law, in all nine jurisdictions, up to late 2017.An account of changed complaints procedures under the Australian Human Rights Commission Act, and of the case law and public debate that triggered the changes.Comprehensive analysis of the operation of special measures provisions in all of the anti-discrimination statutes.Integrated discussion of the exceptions to the prohibition of discrimination for each attribute and in each area.

Equality, Discrimination and the Law

Equality, Discrimination and the Law
Title Equality, Discrimination and the Law PDF eBook
Author Michael Connolly
Publisher Routledge
Pages 226
Release 2022
Genre Law
ISBN 9781003187547

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"In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses. Michael Connolly is a Reader in Law at the University of Portsmouth, UK, who specialises in Equality Law. He also serves on the Equality, Diversity and Inclusion Committee of the Society of Legal Scholars, and the London Management Committee of the Commonwealth Legal Education Association"--