Interpreting Discrimination Law Creatively

Download Interpreting Discrimination Law Creatively full books in PDF, epub, and Kindle. Read online Interpreting Discrimination Law Creatively ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Interpreting Discrimination Law Creatively

Author : Alice Taylor (author)
Publisher :
ISBN 13 : 9781509952953
Total Pages : 0 pages
Book Rating : 4.9/5 (529 download)

DOWNLOAD NOW!

Book Synopsis Interpreting Discrimination Law Creatively by : Alice Taylor (author)

Download or read book Interpreting Discrimination Law Creatively written by Alice Taylor (author) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

Interpreting Discrimination Law Creatively

Author : Alice Taylor
Publisher : Bloomsbury Publishing
ISBN 13 : 1509952942
Total Pages : 259 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Interpreting Discrimination Law Creatively by : Alice Taylor

Download or read book Interpreting Discrimination Law Creatively written by Alice Taylor and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

The English Judiciary, Discrimination Law and Statutory Interpretation

Author : Michael Connolly (Law teacher)
Publisher :
ISBN 13 : 9781138324565
Total Pages : 0 pages
Book Rating : 4.3/5 (245 download)

DOWNLOAD NOW!

Book Synopsis The English Judiciary, Discrimination Law and Statutory Interpretation by : Michael Connolly (Law teacher)

Download or read book The English Judiciary, Discrimination Law and Statutory Interpretation written by Michael Connolly (Law teacher) and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .

Equality

Author : Bob Hepple
Publisher : Bloomsbury Publishing
ISBN 13 : 178225501X
Total Pages : 292 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Equality by : Bob Hepple

Download or read book Equality written by Bob Hepple and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'.

The English Judiciary, Discrimination Law and Statutory Interpretation

Author : Michael Connolly (Law teacher)
Publisher :
ISBN 13 : 9780429450808
Total Pages : pages
Book Rating : 4.4/5 (58 download)

DOWNLOAD NOW!

Book Synopsis The English Judiciary, Discrimination Law and Statutory Interpretation by : Michael Connolly (Law teacher)

Discrimination as Stigma

Author : Iyiola Solanke
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256385
Total Pages : 236 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Discrimination as Stigma by : Iyiola Solanke

Download or read book Discrimination as Stigma written by Iyiola Solanke and published by Bloomsbury Publishing. This book was released on 2016-12-29 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Discrimination

Author : Michael Rubenstein
Publisher :
ISBN 13 : 9781405716512
Total Pages : 126 pages
Book Rating : 4.7/5 (165 download)

DOWNLOAD NOW!

Book Synopsis Discrimination by : Michael Rubenstein

Download or read book Discrimination written by Michael Rubenstein and published by . This book was released on 2006 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 19th edition of this annually updated Guide takes into account the effect on the case law of the discrimination cases reported in Industrial Relations Law Reports (IRLR) during 2005.

Employment Discrimination Law

Author : George Rutherglen
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

Book Synopsis Employment Discrimination Law by : George Rutherglen

Download or read book Employment Discrimination Law written by George Rutherglen and published by . This book was released on 2007 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER V. THE CAMBRIDGE PLATONISTS. "while the Cartesian philosophy was thus spreading on the Continent and in England, a fresh source of intellectual activity was developing itself in that very remarkable school, which, confined chiefly to our own University, exercised, during a considerable part of the century, no small influence over her most studious and thoughtful minds. At first sight it would seem singular that there should be any sympathy whatever between a school of thought which was little more than a re-construction out of the philosophy of the past, --of that section of ancient philosophy moreover of which most modern thinkers are apt to speak with least tolerance, --and a system professedly hostile to all earlier modes of speculation, and which aimed at effecting a total revolution in the whole domain of philosophic research. Beyond the essentially subjective cha-Neo-putoracter which belonged alike to the philosophy of Descartes nlm and that of Henry More, there would appear indeed to have been little in common save dissatisfaction with the existing state of things. The Platonism of the seventeenth century was not simply a revival of a past school of thought, but it was also an avowed declaration against Calvinistic doctrines and Aristotelian dogmas., More has sufficiently indicated this fact in his own narrative of himself. "But neither there" (at school), says he, "nor yet anywhere else could I ever swallow down that hard doctrine con cerning fate. On the contrary, I remember that upon those words of Epictetas, "Aye fie 3 Zev, teat av ij ire- irpapivt, Lead me, O Jupiter, and thou Fate, I did (with my eldest brother, who then, as it happened, had accompanied my uncle thither), very stoutly and earnestly for my years, ...

Discrimination Law 30

Author : Bloomsbury Publishing Plc
Publisher : Bloomsbury Academic
ISBN 13 : 9781780432441
Total Pages : 100 pages
Book Rating : 4.4/5 (324 download)

DOWNLOAD NOW!

Book Synopsis Discrimination Law 30 by : Bloomsbury Publishing Plc

Download or read book Discrimination Law 30 written by Bloomsbury Publishing Plc and published by Bloomsbury Academic. This book was released on 2014-01-31 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of Employment Discrimination Law

Author : MARTHA. CHAMALLAS
Publisher : West Academic Publishing
ISBN 13 : 9781636592817
Total Pages : 0 pages
Book Rating : 4.5/5 (928 download)

DOWNLOAD NOW!

Book Synopsis Principles of Employment Discrimination Law by : MARTHA. CHAMALLAS

Download or read book Principles of Employment Discrimination Law written by MARTHA. CHAMALLAS and published by West Academic Publishing. This book was released on 2023-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Concise Hornbook explains the intricate doctrines and frameworks of proof that courts have developed in interpreting federal employment discrimination statutes. It provides in-depth treatment of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Designed for use by law students, scholars, and practitioners, the book identifies the critical elements of disparate treatment and disparate impact theory and proof requirements for claims of harassment and retaliation. Separate sections address distinctive issues relating to race, national origin, and religious discrimination as well as pregnancy and caregiver discrimination, pay equity suits and discrimination based on sexual orientation and gender identity. The book examines U.S. Supreme Court precedents and developments and trends in the lower courts.

Discrimination and the Law

Author : Malcolm Sargeant
Publisher : Routledge
ISBN 13 : 1134615728
Total Pages : 176 pages
Book Rating : 4.1/5 (346 download)

DOWNLOAD NOW!

Book Synopsis Discrimination and the Law by : Malcolm Sargeant

Download or read book Discrimination and the Law written by Malcolm Sargeant and published by Routledge. This book was released on 2013-08-21 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.

Foundations of Indirect Discrimination Law

Author : Hugh Collins
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912533
Total Pages : 461 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Foundations of Indirect Discrimination Law by : Hugh Collins

Download or read book Foundations of Indirect Discrimination Law written by Hugh Collins and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.

Employment Discrimination Law

Author : Rachel Croskery-Roberts
Publisher : Aspen Publishing
ISBN 13 : 1454819006
Total Pages : 307 pages
Book Rating : 4.4/5 (548 download)

DOWNLOAD NOW!

Book Synopsis Employment Discrimination Law by : Rachel Croskery-Roberts

Download or read book Employment Discrimination Law written by Rachel Croskery-Roberts and published by Aspen Publishing. This book was released on 2014-10-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents. Employment Discrimination Law is an innovative new skills-based text designed for flexible use. To add a skills component to lecture courses, it can be used in conjunction with traditional casebooks, and is also an ideal text for a free-standing practicum or seminar. Employment Discrimination Law functions as a "course in a box" providing readers with basic background law, including constitutional and statutory law governing the employment relationship; general drafting principles important to lawyers in any field as well as an overview of drafting issues specific to employment discrimination law; an introduction to the key research strategies and sources; an overview of the ethical issues likely to arise; and a solid preview of client counseling, negotiation strategy, and preventative lawyering. The text features a combination of text, sample documents, checklists, charts, and exercises. These well-crafted exercises, for students to complete individually or in groups, range from discrete questions to be researched and answered in a 5-minute small-group class session to much more detailed problems that could serve as final evaluative documents.

Rights on Trial

Author : Ellen Berrey
Publisher : University of Chicago Press
ISBN 13 : 022646699X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)

DOWNLOAD NOW!

Book Synopsis Rights on Trial by : Ellen Berrey

Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Anti-Discrimination Law in Civil Law Jurisdictions

Author : Barbara Havelková
Publisher : Oxford University Press
ISBN 13 : 0192594583
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!

Book Synopsis Anti-Discrimination Law in Civil Law Jurisdictions by : Barbara Havelková

Download or read book Anti-Discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by Oxford University Press. This book was released on 2019-12-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

Discrimination Law

Author : Aileen McColgan
Publisher :
ISBN 13 :
Total Pages : 647 pages
Book Rating : 4.:/5 (174 download)

DOWNLOAD NOW!

Book Synopsis Discrimination Law by : Aileen McColgan

Download or read book Discrimination Law written by Aileen McColgan and published by . This book was released on 2002 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophical Foundations of Discrimination Law

Author : Deborah Hellman
Publisher : OUP Oxford
ISBN 13 : 0191641308
Total Pages : 1041 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!

Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman

Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by OUP Oxford. This book was released on 2013-11-28 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.