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Berkeley Comparative Equality & Anti-Discrimination Law Working Paper Series

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Viewing: 1 - 50 of 116 papers

1.

Substantive Equality Revisited

I•CON (2016), Vol. 14 No. 3, 712–73, doi:10.1093/icon/mow043, Oxford Legal Studies Research Paper No. 70/2014,
Number of pages: 27 Posted: 16 Oct 2014
Working Paper Series
University of Oxford Faculty of Law
Downloads 724
2.

Fair and Equal in the World of Work: Two Significant Federal Developments in Discrimination Law

Australian Journal of Labour Law, Vol. 23, No. 3, pp. 199-219, 2010, Sydney Law School Research Paper No. 10/04
Number of pages: 23 Posted: 05 Jan 2010 Last Revised: 01 Apr 2015
Accepted Paper Series
The University of Sydney Law School
Downloads 665
3.

Citizenship without Respect: The EU's Troubled Equality Ideal

Jean Monnet Working Paper (NYU Law School) No. 08/10, ii + 105pp.
Number of pages: 107 Posted: 27 Mar 2011 Last Revised: 07 Mar 2018
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 660
4.

Fumbling Towards Coherence: The Slow Evolution of Equality and Anti-Discrimination Law in Britain

Northern Ireland Legal Quarterly, Forthcoming
Number of pages: 39 Posted: 19 Jan 2006
Accepted Paper Series
University College London - Faculty of Laws
Downloads 584
5.

On the Limits of Judicial Intervention: EU Citizenship and Family Reunification Rights

European Journal Migration & Law, Vol. 13(4), 2011, pp. 443-466.
Number of pages: 29 Posted: 20 Sep 2011 Last Revised: 28 May 2016
Accepted Paper Series
Ghent University and University of Groningen - Faculty of Law
Downloads 548
6.

From Wardley to Purvis - How Far has Australian Anti-Discrimination Law Come in 30 Years?

Australian Journal of Labour Law, Vol. 21, p. 3, 2008, Sydney Law School Research Paper No. 07/55
Number of pages: 27 Posted: 10 Aug 2007 Last Revised: 01 Apr 2015
Working Paper Series
The University of Sydney Law School
Downloads 519
7.

Why France Needs to Collect Data on Racial Identity - In a French Way

Hastings International and Comparative Law Review, Vol. 31, No. 2, 2008, UC Berkeley Public Law Research Paper No. 1236362
Number of pages: 18 Posted: 20 Aug 2008 Last Revised: 01 Sep 2008
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 503
8.

Family-Friendly Work Practices and the Law

Sydney Law Review, Vol 26, No. 3, pp 395-426, September 2004
Number of pages: 32 Posted: 17 Apr 2005
Accepted Paper Series
The University of Sydney Law School and The University of Sydney Law School
Downloads 449
9.

Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism

The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality (Susanna Mancini & MIchel Rosenfeld eds., Cambridge Univ. Press 2018, Forthcoming), UCLA School of Law Research Paper No. 16-02, Yale Law School, Public Law Research Paper No. 561
Number of pages: 47 Posted: 13 Jan 2016 Last Revised: 20 Jan 2018
Accepted Paper Series
Yale University - Law School and Yale University - Law School
Downloads 408
10.

Gay Rights in the EU: A Long Way Forward for the Union of 27

Croatian Yearbook of European Law & Policy, Vol. 3, 2007, pp. 469-490.
Number of pages: 22 Posted: 16 Aug 2007 Last Revised: 28 May 2016
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 381
11.

Reasonable Accommodation for Religious Minorities: A Promising Concept for European Antidiscrimination Law?

Maastricht Journal of European and Comparative Law, Vol. 17, No. 2, 2010
Number of pages: 25 Posted: 10 Mar 2011
Accepted Paper Series
Catholic University of Louvain (UCL) - Center for Philosophy of Law, Université Libre de Bruxelles (ULB) and Université Libre de Bruxelles (ULB)
Downloads 332
12.

The Unfinished Story of Roe V. Wade

REPRODUCTIVE RIGHTS AND JUSTICE STORIES (Melissa Murray, Kate Shaw & Reva Siegel eds., 2019, Forthcoming), Yale Law School, Public Law Research Paper No. 643
Number of pages: 22 Posted: 05 Jun 2018 Last Revised: 17 Sep 2018
Working Paper Series
Yale University - Law School and Yale Law School
Downloads 330
13.

Australian Anti-Discrimination Laws: Framework, Developments and Issues

In Hiroya Nakakubo & Takashi Araki (eds), 'New Developments in Employment Discrimination Law', Kluwer Law International: UK, pp. 115-146, 2008, Sydney Law School Research Paper No. 08/24
Number of pages: 28 Posted: 05 Mar 2008 Last Revised: 31 Mar 2015
Working Paper Series
The University of Sydney Law School
Downloads 323
14.

Eu's Numerous Contradictory Approaches to Minority Protection: Internal-External Paradox and Mutually Exclusive Pre-Accession Standards

Number of pages: 43 Posted: 20 Sep 2006
Working Paper Series
University of Groningen - Faculty of Law
Downloads 297
15.

Mevrouw De Jong Gaat Eten: EU Citizenship and the Culture of Prejudice

EUI Robert Schuman Centre for Advanced Studies Working Paper No. 2011/06
Number of pages: 30 Posted: 22 Feb 2011
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 294
16.

Democracy and Human Rights - Not for Gay People?: EU Eastern Enlargement and its Impact on the Protection of the Rights of Sexual Minorities

Texas Wesleyan Law Review, Vol. 13, No. 2, pp. 459-495, 2007
Number of pages: 34 Posted: 17 Oct 2007
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 268
17.

A Penalty Card for Homophobia from EU Non-Discrimination Law: Comment on Asociaţia Accept (C-81/12)

Columbia Journal of European Law, Vol. 21, No. 2, 2015. 237-259.
Number of pages: 29 Posted: 24 Jun 2015 Last Revised: 09 Dec 2016
Accepted Paper Series
T.M.C. Asser Institute - University of Amsterdam
Downloads 266
18.

EU Influence on the Citizenship Policies of the Candidate Countries: The Case of the Roma Exclusion in the Czech Republic

Journal of Contemporary European Research, Vol. 3, No. 2, pp. 124-140, 2007
Number of pages: 17 Posted: 21 Sep 2007
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 252
19.

Comparative Law and Decolonizing Critique

Number of pages: 36 Posted: 13 Sep 2017 Last Revised: 30 Sep 2017
Working Paper Series
Georgetown University Law Center
Downloads 238
20.

Vulnerability, Equality, and Environmental Justice: The Potential and Limits of Law

Handbook of Environmental Justice, Forthcoming, Fordham Law Legal Studies Research Paper No. 2790584
Number of pages: 26 Posted: 07 Jun 2016
Accepted Paper Series
Georgetown University
Downloads 235
21.

A Regulatory Analysis of the Sex Discrimination Act 1984 (Cth): Can it Effect Equality or Only Redress Harm?

LABOUR LAW AND LABOUR MARKET REGULATION - ESSAYS ON THE CONSTRUCTION, CONSTITUTION AND REGULATION OF LABOUR MARKETS AND WORK RELATIONSHIPS, pp. 105-124, C. Arup, et al, eds., Federation Press, 2006, Sydney Law School Research Paper No. 07/56
Number of pages: 22 Posted: 10 Aug 2007
Accepted Paper Series
The University of Sydney Law School
Downloads 230
22.

Surrogacy, Pregnancy and Maternity Rights: A Missed Opportunity for a More Coherent Regime of Parental Rights in the EU

40(1) European Law Review 2015 pp. 52-69., University of Leicester School of Law Research Paper No. 15-20
Number of pages: 23 Posted: 14 Jul 2015
Working Paper Series
University of Leicester - School of Law and Hasselt University
Downloads 229
23.

Processing Data on Racial or Ethnic Origin for Antidiscrimination Policies: How to Reconcile the Promotion of Equality with the Right to Privacy?

NYU School of Law, Jean Monnet Working Paper No. 08/06, Center for Human Rights and Global Justice Working Paper No. 13
Number of pages: 63 Posted: 01 May 2007
Working Paper Series
Catholic University of Louvain (UCL) - Center for Philosophy of Law
Downloads 224
24.

European Integration and the Gift of Second Class Citizenship: The Absence of the Tools within the European Legal System to Combat Temporary Discrimination of European Citizens on the Basis of Nationality Institutionalized by the Acts of Accession

Murdoch University Electronic Journal of Law, Vol. 13, No. 1, pp. 209-224, 2006
Number of pages: 16 Posted: 29 Aug 2006
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 218
25.

On Options of Citizens and Moral Choices of States: Gays and European Federalism

Fordham International Law Journal, Vol. 33, No. 1, 2009, pp. 156-205
Number of pages: 50 Posted: 26 Feb 2010 Last Revised: 28 May 2016
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 218
26.

It's About Time - For a New Regulatory Approach to Equality

Federal Law Review, Vol. 36, No. 2, pp. 117-144, 2008, Sydney Law School Research Paper No. 08/23
Number of pages: 29 Posted: 05 Mar 2008 Last Revised: 21 Jun 2010
Working Paper Series
The University of Sydney Law School
Downloads 214
27.

European Social Constitutionalism

K. Young (ed.), The Future of Economic and Social Rights (Cambridge University Press, 2018)
Number of pages: 20 Posted: 21 Feb 2017
Working Paper Series
University College London - Faculty of Laws
Downloads 212
28.

Religiosity and Same-Sex Marriage in the United States and Europe

Berkeley Journal of International Law (BJIL), Fall 2013
Number of pages: 34 Posted: 30 Jun 2013 Last Revised: 10 Jul 2013
Accepted Paper Series
University of California, Berkeley - School of Law, European University Institute and University of California, Berkeley - School of Law
Downloads 208
29.

An Equal Rights Amendment for the Twenty-First Century: Bringing Global Constitutionalism Home

Yale Journal of Law & Feminism, Forthcoming, Cardozo Legal Studies Research Paper No. 514
Number of pages: 64 Posted: 25 Jan 2017 Last Revised: 01 Mar 2017
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 187
30.

Marriage Registrars, Same-Sex Relationships, and Religious Discrimination in the European Court of Human Rights

Queen's University Belfast Law Research Paper No. 2812289, U of Michigan Public Law Research Paper No. 513
Number of pages: 46 Posted: 21 Jul 2016 Last Revised: 05 Jul 2017
Working Paper Series
Queen's University Belfast - School of Law
Downloads 179
31.

EU Sexual Citizenship: Sex Beyond the Internal Market

Forthcoming as a chapter in D. Kochenov (ed.). EU Citizenship and Federalism: The Role of Rights (Cambridge University Press, 2017), EUI Department of Law Research Paper No. 2015/06
Number of pages: 27 Posted: 09 Mar 2015 Last Revised: 09 Dec 2016
Accepted Paper Series
T.M.C. Asser Institute - University of Amsterdam
Downloads 178
32.

On Age Discrimination and Beating Dead Dogs: Commission v. Hungary

Common Market Law Review, Vol. 50, No. 4, pp. 1145-1160, 2013.
Number of pages: 20 Posted: 31 Jul 2013 Last Revised: 09 Dec 2016
Accepted Paper Series
T.M.C. Asser Institute - University of Amsterdam
Downloads 174
33.

Lifting as We Climb: Recognising Intersectional Gender Violence in Law

Oñati Socio-Legal Series, Vol. 5, No. 6, 2015,
Number of pages: 24 Posted: 07 Jan 2016
Accepted Paper Series
University of Bristol
Downloads 167
34.

Quotas and Consequences: A Transnational Re-evaluation

Philosophical Foundations of Discrimination Law, Deborah Hellman and Sophia Moreau, eds., Oxford University Press, 2013
Number of pages: 41 Posted: 01 May 2013 Last Revised: 25 Jun 2013
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 153
35.

Mental Health at Work and the Duty to Make Reasonable Adjustments

Forthcoming: Industrial Law Journal (2015)
Number of pages: 38 Posted: 02 Apr 2015
Working Paper Series
Trinity College Dublin
Downloads 149
36.

What Kind of Equality Can We Expect from the Fair Work Act?

Melbourne University Law Review, Vol. 35, No. 2, pp. 545-577, 2011, Sydney Law School Research Paper No. 11/40
Number of pages: 27 Posted: 02 Aug 2011 Last Revised: 26 Mar 2012
Accepted Paper Series
The University of Sydney Law School
Downloads 147
37.

Ensuring Only Good Claims Come in Small Packages: A Response to Scholarly Concerns About a Proposed Small Copyright Claims Tribunal

George Mason Legal Studies Research Paper No. LS 18-02
Number of pages: 34 Posted: 24 Feb 2018 Last Revised: 10 Mar 2018
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 134
38.

Disparate Impact Abroad

A Nation of Widening Opportunities? The Civil Rights Act at 50, Samuel Bagenstos and Ellen Katz, eds., University of Michigan Press, 2014, Forthcoming, Cardozo Legal Studies Research Paper No. 425
Number of pages: 21 Posted: 13 Mar 2014 Last Revised: 09 Apr 2014
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 131
39.

Foreword to 'Ethnic Monitoring - The Processing of Racial and Ethnic Data in Anti-Discrimination Policies: Reconciling the Promotion of Equality with Privacy Rights'

Olivier De Schutter and Julie Ringelheim, ETHNIC MONITORING - THE PROCESSING OF RACIAL AND ETHNIC DATA IN ANTI-DISCRIMINATION POLICIES: RECONCILING THE PROMOTION OF EQUALITY WITH PRIVACY RIGHTS, Bruylant, 2010
Number of pages: 6 Posted: 13 Feb 2010
Accepted Paper Series
University of Louvain (Belgium) and Catholic University of Louvain (UCL) - Center for Philosophy of Law
Downloads 130
40.

Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose in Mccleskey V. Kemp—And Some Pathways for Change

Northwestern University Law Review, Vol. 112, Forthcoming, Yale Law School, Public Law Research Paper No. 642
Number of pages: 23 Posted: 21 May 2018 Last Revised: 07 Jun 2018
Accepted Paper Series
Yale University - Law School
Downloads 129
41.

From Lëtzebuerg to Luxembourg: EU Law, Non-Discrimination and Pregnancy

European Law Reporter, No. 2, pp. 45-49, 2010
Number of pages: 5 Posted: 11 Mar 2010
Accepted Paper Series
T.M.C. Asser Institute - University of Amsterdam
Downloads 129
42.

Access to Justice for Discrimination Complainants: Courts and Legal Representation

UNSW Law Journal, Vol. 32, No. 3, 2009, U of Melbourne Legal Studies Research Paper No. 471
Number of pages: 27 Posted: 01 Jun 2010
Accepted Paper Series
Melbourne Law School, the University of Melbourne and Queen Mary University of London
Downloads 126
43.

Not the Baby and the Bathwater - Regulatory Reform for Equality Laws to Address Work-Family Conflict

Sydney Law Review, Vol. 28, No. 4, 2006, Sydney Law School Research Paper No. 06/39
Number of pages: 45 Posted: 24 Oct 2006
Accepted Paper Series
The University of Sydney Law School
Downloads 124
44.

Domestic Violence Victims at Work: A Role for Anti-Discrimination Law?

Australian Journal of Labour Law, Vol. 25, No. 3, pp. 209-236, 2012, Sydney Law School Research Paper No. 12/46
Number of pages: 22 Posted: 14 Jul 2012 Last Revised: 18 Feb 2018
Accepted Paper Series
The University of Sydney Law School and The University of Sydney Law School
Downloads 121
45.

Sources of United States Equality Law: The View from 10,000 Meters

European Anti-Discrimination Law Review, Vol. 10, No. 19, July 2010
Number of pages: 11 Posted: 06 Sep 2010
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 113
46.

Whose Fault Is It? Asking the Right Questions When Trying to Address Discrimination

Alternative Law Journal, Vol. 37, No. 1, pp. 31-36, 2012, Sydney Law School Research Paper No. 11/52
Number of pages: 7 Posted: 24 Aug 2011 Last Revised: 09 Oct 2015
Accepted Paper Series
The University of Sydney Law School and Labour, Equality and Human Rights research group, Department of Business Law
Downloads 110
47.

‘Humanizing’ Disability Law: Citizen Participation in the Development of Accessibility Regulations in Canada

Revue Internationale des Gouvernements Ouverts (2016) pp. 93-120
Number of pages: 28 Posted: 02 Jun 2016 Last Revised: 09 Mar 2017
Accepted Paper Series
University of Windsor - Faculty of Law
Downloads 109
48.

Equality Across the Legal Orders; or Voiding EU Citizenship of Content

E Guild, C. Gortázar Rotaeche D Kostakopoulou (eds) The Reconceptualisation of European Citizenship (2014), Martinus Nijhoff, 2014, pp. 301-321., University of Groningen Faculty of Law Research Paper No. 09/2013,
Number of pages: 31 Posted: 20 Jun 2013 Last Revised: 07 Mar 2018
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 104
49.

European Union's Troublesome Minority Protection: A Bird’s-Eye View

W. Kymlicka and J. Boulden (eds.), International Approaches to Governing Ethnic Diversity, Oxford University Press, 2014, pp. 79-101
Number of pages: 20 Posted: 06 Jan 2014 Last Revised: 07 Mar 2018
Accepted Paper Series
University of Groningen - Faculty of Law
Downloads 97
50.

Pregnancy as a Normal Condition of Employment: Comparative and Role-Based Accounts of Discrimination

William & Mary Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 627
Number of pages: 39 Posted: 31 Jan 2018
Accepted Paper Series
Yale University - Law School
Downloads 96