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Berkeley Center on Comparative Equality & Anti-Discrimination Law Working Paper Series

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Viewing: 1 - 50 of 204 papers

1.

Riding Towards Inclusion in the Film Industry: Quotas and Special Measures Under Australian Discrimination Law

23(2) Media and Arts Law Review 143, 2019, U of Melbourne Legal Studies Research Paper No. 859
Number of pages: 34 Posted: 20 Jan 2020 Last Revised: 20 Jan 2020
Accepted Paper Series
The University of Western Australia Law School and The University of Western Australia Law School
Downloads 39
2.

Introduction: Reproductive Rights and Justice Stories

Forthcoming, Reproductive Rights and Justice Stories
Number of pages: 10 Posted: 16 Jan 2020
Working Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law, Yale University - Law School and New York University, School of Law
Downloads 38
3.

People with Intellectual Disabilities and Labour Market Inclusion: What Role for EU Labour Law?

(2020) 11 European Labour Law Journal.
Number of pages: 21 Posted: 03 Jan 2020
Accepted Paper Series
Trinity College Dublin
Downloads 4
4.

The Burden of Proof in Antidiscrimination Proceedings. A Focus on Belgium, France and Ireland

European Equality Law Review, No 2, 2019
Number of pages: 17 Posted: 23 Dec 2019
Accepted Paper Series
Catholic University of Louvain (UCL) - Center for Philosophy of Law
Downloads 14
5.

Workers with Disabilities Between Legal Changes and Persisting Exclusion: How Contradictory Rights Shape Legal Mobilization

Law & Society Review, 2019
Posted: 20 Dec 2019
Accepted Paper Series
Catholic University of Louvain (UCL) - Center for Philosophy of Law and CNRS
6.

The Distributed Stateless Society. Liberty, Manorialism and the State

Number of pages: 19 Posted: 06 Dec 2019
Working Paper Series
Higher School of Economics National Research University
Downloads 7
7.

The Nineteenth Amendment and the Democratization of the Family

Yale Law Journal, Forthcoming
Number of pages: 46 Posted: 05 Dec 2019 Last Revised: 14 Jan 2020
Accepted Paper Series
Yale University - Law School
Downloads 87
8.

The Plight of Women in Positions of Corporate Leadership in the United States, the European Union, and Japan: Differing Laws and Cultures, Similar Issues

Forthcoming University of Michigan Journal of Gender & Law (2020)., Ross School of Business Paper No. 1396
Number of pages: 62 Posted: 03 Dec 2019
Accepted Paper Series
Pforzheim University of Applied Sciences, Indiana University Bloomington - Office for Women's Affairs, Nagoya University of Commerce and Business, University of Michigan, Stephen M. Ross School of Business and Nagoya University of Commerce and Business
Downloads 88
9.

Age, Equality, and Vulnerability

21 Theoretical Inquiries in Law __ (2020, Forthcoming)
Number of pages: 25 Posted: 03 Dec 2019
Working Paper Series
Chicago-Kent College of Law
Downloads 50
10.

Stretching Human Laws to Apply to Machines: The Dangers of a 'Colorblind' Computer

Florida State University Law Review, Forthcoming
Number of pages: 29 Posted: 01 Dec 2019
Accepted Paper Series
Stanford Law School and Microsoft Research New York City
Downloads 71
11.

Gender-Stereotyping Theory, Free Expression, and Identity

William & Mary Bill of Rights Journal, Vol. 28, 2019
Number of pages: 62 Posted: 27 Nov 2019
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 19
12.

Revisiting Vicarious Liability in Sexual Harassment Cases Heard Under the Sex Discrimination Act

Number of pages: 14 Posted: 25 Nov 2019
Working Paper Series
University of Canberra - School of Law and Justice and ANU College of Law
Downloads 14
13.

Equality in Canada: A Tale of Non-Normative Groups Struggling With Grounds of Discrimination

Palazzo, N., 2019. Equality in Canada: A tale of non-normative groups struggling with grounds of discrimination, Oñati Socio-legal Series (special issue), Forthcoming ,
Posted: 21 Nov 2019
Accepted Paper Series
University of Trento
14.

Bloody Unfair: Inequality Related to Menstruation — Considering the Role of Discrimination Law

Berkeley Comparative Equality & Anti-Discrimination Law Working Paper
Number of pages: 34 Posted: 13 Nov 2019
Working Paper Series
University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 22
15.

The Impact of Attractiveness on Retail Managers’ Decisions: Labor Market Discrimination when Hiring Salespeople

Number of pages: 9 Posted: 12 Nov 2019
Working Paper Series
Ariel University - Department of Economics
Downloads 20
16.

Introduction: Anti-Discrimination Law's Fit into Civil Law Jurisdictions and the Factors Influencing it

Havelková B and Möschel M (eds), Anti-Discrimination Law in Civil Law Jurisdictions (Oxford University Press, Expected 2019),
Number of pages: 28 Posted: 11 Nov 2019
Accepted Paper Series
University of Oxford - Faculty of Law and Central European University (CEU)
Downloads 13
17.

An Intersectional Critique of Tiers of Scrutiny: Beyond 'Either/Or' Approaches to Equal Protection

129 The Yale Law Journal Forum 108 (2019), UCLA School of Law, Public Law Research Paper No. 19-44
Number of pages: 23 Posted: 11 Nov 2019
Accepted Paper Series
University of California, Los Angeles (UCLA) - School of Law and Columbia Law School
Downloads 58
18.

Discrimination and the Regional Human Rights Protection Systems: The Enigma of Effectiveness

University of Pennsylvania Journal of International Law, Vol. 40, No. 781, 2019, GWU Law School Public Law Research Paper No. 2019-69, GWU Legal Studies Research Paper No. 2019-69
Number of pages: 58 Posted: 11 Nov 2019 Last Revised: 12 Nov 2019
Accepted Paper Series
George Washington University Law School
Downloads 40
19.

Same-Sex Spouses in the EU after Coman: More Free Movement, But What about Marriage?

EUI Working Paper (Florence) No. 2019/3
Number of pages: 27 Posted: 18 Oct 2019
Accepted Paper Series
University of Groningen - Faculty of Law and T.M.C. Asser Institute - University of Amsterdam

Multiple version iconThere are 2 versions of this paper

Downloads 58
20.

Title IX's Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call to Disaggregate SOGI Data

Forthcoming, Spring 2020, Vol. 44.3 NYU Review of Law and Social Change
Number of pages: 42 Posted: 17 Oct 2019
Accepted Paper Series
Indiana University Robert H. McKinney School of Law
Downloads 15
21.

Manipulating Opportunity

Virginia Law Review, Vol. 106, 2020, Forthcoming
Number of pages: 51 Posted: 16 Oct 2019
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 65
23.

Reefer Access: Dispensaries as 'Places of Public Accommodation' Under Title III of the ADA

Georgetown Law Journal, Forthcoming
Number of pages: 49 Posted: 26 Sep 2019 Last Revised: 19 Nov 2019
Accepted Paper Series
Georgetown University, Law Center, Students
Downloads 35
24.

Towering Grenfell: Reflections around Socioeconomic Disadvantage in Antidiscrimination Law

Queen Mary Human Rights Law Review (2019) 5(2)
Number of pages: 19 Posted: 25 Sep 2019
Accepted Paper Series
Catholic University of Louvain (UCL)
Downloads 24
25.

'Social Origin': The Misunderstood, Multifaceted and Symmetrical Attribute

Posted: 20 Sep 2019
Working Paper Series
Central Queensland University (CQUniversity) - Business & Law
26.

Good Initiative, Bad Judgement: The Unintended Consequences of Title IX’s Proportionality Standard on NCAA Men’s Gymnastics and the Transgender Athlete

Number of pages: 40 Posted: 13 Sep 2019 Last Revised: 28 Sep 2019
Working Paper Series
Texas A&M University School of Law
Downloads 36
27.

The Legal and Economic Challenges for Single Interconnector Companies in the European Electricity Market – The Baltic Cable Case

Number of pages: 17 Posted: 21 Aug 2019
Working Paper Series
Statkraft Markets B.V., White & Case LLP and Statkraft Markets GmbH
Downloads 58
28.

How the First Forty Years of Circuit Precedent Got Title VII's Sex Discrimination Provision Wrong

98 Texas Law Review Online 83 (2019)
Number of pages: 48 Posted: 16 Aug 2019 Last Revised: 06 Nov 2019
Accepted Paper Series
Vanderbilt University Law School
Downloads 74
29.

Under Wraps: Secrecy, Confidentiality and the Enforcement of Equality Law in Australia and the UK

Melbourne University Law Review, Vol. 43, No. 2, 2019, Berkeley Comparative Equality & Anti-Discrimination Law Working Paper No. Forthcoming
Number of pages: 27 Posted: 30 Jul 2019
Accepted Paper Series
Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School and Melbourne Law School, the University of Melbourne
Downloads 15
30.

Veiled Muslim Women: Challenging Patriarchy in the Legal System

Berkeley Journal of Gender, Law & Justice, Vol. 33, 2018
Number of pages: 30 Posted: 23 Jul 2019
Accepted Paper Series
University of California, Berkeley, School of Law, Students
Downloads 29
31.

State Religious Neutrality As a Common European Standard? Reappraising the European Court of Human Rights Approach

Oxford Journal of Law and Religion, Vol. 6, No. 1, February 2017
Number of pages: 23 Posted: 15 Jul 2019
Working Paper Series
Catholic University of Louvain (UCL) - Center for Philosophy of Law
Downloads 15
32.

The Positive Perception of Disability As a Human Rights Principle and the Reality of Prenatal Testing

Charles University in Prague Faculty of Law Research Paper No. 2019/II/3
Number of pages: 17 Posted: 01 Jul 2019
Working Paper Series
Charles University in Prague - Faculty of Law and Université Panthéon-Assas (Paris II)
Downloads 28
33.

Is the Court of Justice of the European Union Finding its Religion?

Fordham International Law Journal, Vol. 42, No. 3, 2019
Number of pages: 29 Posted: 30 Jun 2019
Accepted Paper Series
Université Libre de Bruxelles (ULB) - Institute of European Studies and City Law School London
Downloads 50
34.

Neglected Lesbian Mothers

52 Family Law Quarterly 87 (2018), American University, WCL Research Paper No. 2019-16
Number of pages: 36 Posted: 27 Jun 2019 Last Revised: 24 Oct 2019
Accepted Paper Series
American University Washington College of Law
Downloads 32
35.

Same-Sex Marriage and Italian Exceptionalism

ICL Journal 2018; 12(4); 431–456, HEC Paris Research Paper No. LAW-2019-1343,
Number of pages: 26 Posted: 26 Jun 2019 Last Revised: 03 Jul 2019
Accepted Paper Series
HEC Paris
Downloads 48
36.

The Price Is (Not) Right: Data Protection and Discrimination in the Age of Pricing Algorithms

European Journal of Law and Technology (2018) 9(3)
Number of pages: 23 Posted: 20 Jun 2019 Last Revised: 17 Sep 2019
Accepted Paper Series
Vrije Universiteit Brussel (VUB), LSTS, Interdisciplinary Research Group on Law Science Technology & Society and Catholic University of Louvain (UCL)
Downloads 50
37.

Human Rights and the AFLW: Successes, Challenges and Lessons

Posted: 19 Jun 2019
Working Paper Series
Monash University and The University of Western Australia Law School
38.

Discrimination Law and the Language of Torts in the UK Supreme Court

Posted: 19 Jun 2019
Working Paper Series
Australian National University and The University of Western Australia Law School
39.

Legal and Political Responses to Campus Sexual Assault

Annual Review of Law and Social Science, Vol. 15, October 2019, Forthcoming
Number of pages: 36 Posted: 14 Jun 2019
Accepted Paper Series
Stanford Law School and Stanford University, Department of Sociology
Downloads 75
40.

Beyond the Courtroom: Accountability for Grave and Systemic Human Rights Violations

University of Oxford Human Rights Hub Journal (2019)
Number of pages: 32 Posted: 10 Jun 2019
Accepted Paper Series
University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law
Downloads 12
41.

What is the Best Way to Realise Rights?

Oxford Journal of Legal Studies, Volume 39, Issue 1, Spring 2019, Pages 209–228, doi/10.1093/ojls/gqz004,
Posted: 10 Jun 2019
Accepted Paper Series
Harvard Law School
42.

Trick or Treatment? Confronting the Horrific Intersection of Race, Mental Health, Poverty, and Incarceration in Louisiana

Number of pages: 11 Posted: 08 Jun 2019
Working Paper Series
Southern University Law Center, Students and Southern University Law Center, Students
Downloads 30
43.

Sexual Orientation and Gender Identity in Inter-American Human Rights Law

44 North Carolina Journal of International Law 353 (2019), Rutgers Law School Research Paper
Number of pages: 34 Posted: 06 Jun 2019
Accepted Paper Series
Rutgers Law School
Downloads 75
44.

A Bird’s Eye View on EU Anti-Discrimination Law: The Impact of the 2000 Equality Directives

German Law Journal, 20 (5), pp. 614-636, 2019
Number of pages: 23 Posted: 04 Jun 2019 Last Revised: 01 Aug 2019
Accepted Paper Series
T.M.C. Asser Institute - University of Amsterdam and Erasmus School of Law
Downloads 18
45.

Human Rights and Substantive Equality: Prospects for Same-Sex Relationship Recognition in Hong Kong

Kelley Loper, Human Rights and Substantive Equality: Prospects for Same-Sex Relationship Recognition in Hong Kong, 44 N.C. J. OF INT’L L. 273 (2019), University of Hong Kong Faculty of Law Research Paper No. 2019/036,
Number of pages: 44 Posted: 17 May 2019 Last Revised: 17 Sep 2019
Accepted Paper Series
The University of Hong Kong - Faculty of Law
Downloads 40
46.

People With Intellectual Disabilities and Employment Discrimination Law: A US Case Study

(2019) 35 International Journal of Comparative Labour Law and Industrial Relations.
Number of pages: 21 Posted: 17 May 2019
Accepted Paper Series
Trinity College Dublin
Downloads 67
47.

Be Careful What You Wish For: Ronald Reagan, Donald Trump, The Assault on Civil Rights, and The Surprising Story of How Title VII Got Its Private Right of Action

Berkeley Journal of Employment and Labor Law, Vol. 39, No. 1, 2018
Number of pages: 31 Posted: 09 May 2019
Accepted Paper Series
University of California, Berkeley - School of Law, affiliation not provided to SSRN, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 37
48.

Resolving Discrimination Claims Outside the Courts: Alternative Dispute Resolution in Australia and the United Kingdom

(2019) 31 Australian Journal of Labour Law 253–278, U of Melbourne Legal Studies Research Paper No. 842,
Number of pages: 26 Posted: 30 Apr 2019 Last Revised: 08 Oct 2019
Working Paper Series
Melbourne Law School, the University of Melbourne and Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School
Downloads 58
49.

The Diffusion of Title IX Sexual Harassment Complaints Throughout U.S. Colleges and Universities

Number of pages: 32 Posted: 17 Apr 2019
Working Paper Series
Yale University, Faculty of Arts & Sciences, Department of Sociology
Downloads 49
50.

Knowledge Pays: Reversing Information Flows & The Future of Pay Equity

San Diego Legal Studies Paper No. 19-381, Columbia Law Review, Forthcoming
Number of pages: 65 Posted: 17 Apr 2019 Last Revised: 25 Apr 2019
Working Paper Series
University of San Diego School of Law
Downloads 104