Discrimination Law
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Discrimination Law And Practice
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Author : Chris Ronalds
language : en
Publisher: Federation Press
Release Date : 2012-07-02
Discrimination Law And Practice written by Chris Ronalds and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-02 with Business & Economics categories.
This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.
New Developments In Employment Discrimination Law
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Author : Oana ?tefan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-11-01
New Developments In Employment Discrimination Law written by Oana ?tefan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-01 with Law categories.
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Discrimination Law
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Author : Sandra Fredman
language : en
Publisher: Oxford University Press on Demand
Release Date : 2011-05-26
Discrimination Law written by Sandra Fredman and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-26 with Law categories.
This text provides an introduction to discrimination law. Drawing on a wide variety of philosophical and legal sources, the concepts of equality and anti-discrimination law are introduced in their social and historical context.
Discrimination As Stigma
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Author : Iyiola Solanke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-29
Discrimination As Stigma written by Iyiola Solanke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-29 with Law categories.
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
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Author : B. A. Hepple
language : en
Publisher: Burns & Oates
Release Date : 1992
Discrimination written by B. A. Hepple and has been published by Burns & Oates this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
This is a collection of 23 essays by leading experts. They explore the aims and limits of law in regulating discrimination.
Foundations Of Indirect Discrimination Law
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Author : Hugh Collins
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
Foundations Of Indirect Discrimination Law written by Hugh Collins and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
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.
Anti Discrimination Law In Civil Law Jurisdictions
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Author : Barbara Havelková
language : en
Publisher: Oxford University Press
Release Date : 2019-12-12
Anti Discrimination Law In Civil Law Jurisdictions written by Barbara Havelková and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.
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.
A Theory Of Discrimination Law
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Author : Tarunabh Khaitan
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
A Theory Of Discrimination Law written by Tarunabh Khaitan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Fundamental and complex questions surround discrimination law and plague its application. When is discrimination justifiable? What is the purpose of the law, and its relationship to social equality? Is discrimination law designed to protect individual choices or marginalised groups? This book presents a unified theory of discrimination law, arguing that these questions have remained controversial because of a failure to distinguish between the need to justify the practise of discrimination law, from the need to justify the duty imposing rules of this practise. The book argues that the law is grounded not in the value of equality but autonomy - its purpose to provide people with a free choice between valuable options. It presents discrimination law as a distinctively liberal social programme.
Discrimination Law
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Author : Janet Dine
language : en
Publisher: Gaunt
Release Date : 1996
Discrimination Law written by Janet Dine and has been published by Gaunt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Social Science categories.
Objectivity - Bob Watt
Discrimination Law
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Author : Sandra Fredman FBA KC
language : en
Publisher: Oxford University Press
Release Date : 2022-11-28
Discrimination Law written by Sandra Fredman FBA KC and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-28 with Law categories.
This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.