Philosophical Foundations of Discrimination Law

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  • Format: Hardcover
  • Copyright: 2014-01-28
  • Publisher: Oxford University Press

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Author Biography

Deborah Hellman, Professor of Law, University of Virginia School of Law,Sophia Moreau, Associate Professor, University of Toronto

Deborah Hellman is Professor of Law at the University of Virginia School of Law. She is the author of 'When is Discrimination Wrong?' (Harvard U. Press, 2008). Prior to joining the University of Virginia law faculty, Hellman taught at the University of Maryland School of Law

Sophia Moreau is Associate Professor of Law and Philosophy at the University of Toronto. Professor Moreau is working on a book manuscript which elaborates a liberty-based account of why discrimination is wrong, for which she holds a SSHRC grant from the Government of Canada.

Table of Contents

Part I: What Makes Discrimination Wrong?
1. Dignity, Equality and Comparison, Denise Reaume
2. Comparative Justice in Discrimination Law, Hanoch Sheinman
3. Equality and Unconstitutional Discrimination, Deborah Hellman
4. In Defense of a Liberty-based Account of Discrimination, Sophia Moreau
5. Discrimination, Disparate Impact, and Theories of Justice, Richard Arneson
Part II: Problems of Constructing a Theory of Wrongful Discrimination
6. Concrete or Abstract Conceptions of Discrimination, George Rutherglen
7. Prelude to a Theory of Discrimination Law, Tarunabh Khaitan
8. Is there a Unitary Concept of Discrimination?, Patrick Shin
9. Racial and other Asymmetries: A Problem for the Protected Categories Framework for Antidiscrimination Thought, Lawrence Blum
Part III: Theoretical Lessons Derived from Practice
10. Treating People as Individuals, Benjamin Eidelson
11. Quotas and Consequences: A Transnational Reevaluation, Julie Suk
12. Indirect Discrimination and the Antidiscrimination Mandate, Micheal Selmi
13. Is Disability Discrimination Different, David Wasserman

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