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  1. Hate Crimes: The legality and Practicality of Punishing Bias—A Socio-Legal Appraisal.Natalie Alkiviadou - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    This paper assesses the extent to which enhancing a penalty for hate crimes is a necessity. It conducts its analysis by looking at the theoretical justifications for and against such enhancement and also the impact of hate crimes on their victims, their groups and society, in comparison to non-bias crimes. It recognizes the particularly damaging effect of hate crimes on these three levels but argues that care must be taken to ensure a high threshold framework and a clear vision in (...)
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  2. Educational Justice and School Boosting.Marcus Arvan - forthcoming - Social Theory and Practice.
    School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...)
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  3. Supreme Confusion About Causality at the Supreme Court.Robin Dembroff & Issa Kohler-Hausmann - forthcoming - CUNY Law Review.
    Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...)
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  4. Grounding Unlawful Discrimination.Michael P. Foran - forthcoming - Legal Theory:1-32.
    ABSTRACT This article explores the necessary and jointly sufficient conditions for the recognition of a ground of unlawful discrimination. It is important not only to have a coherent understanding of the currently enumerated grounds, but also to have a theoretical framework that can assist in enumerating new grounds through the open-ended “other status” aspect of many legal frameworks. To that end, this article argues that personal characteristics that are generally morally irrelevant, and that are socially salient in that they carry (...)
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  5. Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - forthcoming - Leiden, Netherlands: Brill.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  6. Assisted Decision-Making (Capacity): A New Legal System Where the Will of People with Disabilities Really Matters? The Portuguese Experience.Joana Isabel Taveira Ferreira Neto - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.
    Law 49/2018, of August 14, created the Portuguese legal regime of the assisted decision-making, thus eliminating the legal institutes of interdiction and disqualification, provided for in the Civil Code. The aim of this legal regime was to embed a new vision of disability based on a model of rights, that grants people with disabilities an independent and autonomous life and reflects the acceptance of the International Convention on the Rights of Persons with Disabilities guidelines. This paper intends to discuss the (...)
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  7. Análisis jurídico de la discriminación algorítmica en los procesos de selección laboral.Andrés Páez & Natalia Ramírez-Bustamante - forthcoming - In René Urueña & Natalia Angel (eds.), Innovación en derecho y nuevas tecnologías. Bogotá: Ediciones Uniandes.
    El uso de sistemas de machine learning en los procesos de selección laboral ha sido de gran utilidad para agilizarlos y volverlos más eficientes, pero al mismo tiempo ha generado problemas en términos de equidad, confiabilidad y transparencia. En este artículo comenzamos explicando los diferentes usos de la Inteligencia Artificial en los procesos de selección laboral en Estados Unidos. Presentamos los sesgos sexuales y raciales que han sido detectados en algunos de ellos y explicamos los obstáculos jurídicos y prácticos para (...)
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  8. Review of Alexander Brown and Adriana Sinclair, The Politics of Hate Speech Laws. [REVIEW]Sebastien Bishop - 2022 - Criminal Law and Philosophy 16 (1):223-229.
    This review critically summarises Alexander Brown and Adriana Sinclair’s excellent book, The Politics of Hate Speech Laws. The review proceeds by canvassing the main arguments presented in each of the book’s nine chapters, while also seeking to highlight the book’s overarching themes and ideas. Ultimately it is suggested that the book will be of use to anyone interested in the political and philosophical aspects of the highly vexed issue of hate speech regulation. In particular the review praises the book’s pluralistic, (...)
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  9. Words That Harm: Defending the Dignity Approach to Hate Speech Regulation.Chris Bousquet - 2022 - Canadian Journal of Law and Jurisprudence 35 (1):31-57.
    The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...)
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  10. Working Document on Penal Laws' Reforms in India.Deepa Kansra - 2022 - Lex Quest Foundation's Working Document on Penal Laws' Reforms in India.
    India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...)
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  11. Intentional and Unintentional Discrimination: What Are They and What Makes Them Morally Different.Rona Dinur - 2021 - Journal of Moral Philosophy 19 (2):111-138.
    The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by the agent (...)
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  12. Patterned Inequality, Compounding Injustice, and Algorithmic Prediction.Benjamin Eidelson - 2021 - American Journal of Law and Equality 1 (1):252-276.
    If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...)
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  13. Conceptual and Institutional Considerations in the Regulation of Technology for Human Rights.Deepa Kansra - 2021 - Indraprastha Technology Law Journal 1 (XIII):13-30.
    Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a (...)
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  14. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...)
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  15. (What) Are Stereotyping and Discrimination? (What) Do We Want Them to Be?Alex Madva - 2021 - Social Epistemology Review and Reply Collective 10 (11):43-51.
    Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...)
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  16. How to Justify Mandatory Electoral Quotas: A Political Egalitarian Approach.Attila Mráz - 2021 - Legal Theory 27 (4):285-315.
    (OPEN ACCESS) This paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions on political participatory rights. I (...)
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  17. Religious Accommodation and Disproportionate Burden.Alan Patten - 2021 - Criminal Law and Philosophy 15 (1):61-74.
    The paper offers a critical engagement with Cécile Laborde’s book, Liberalism’s Religion. It elaborates several objections to Laborde’s account of religious accommodations, and sketches an alternative approach.
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  18. Allocating Medicine Fairly in an Unfair Pandemic.Govind Persad - 2021 - University of Illinois Law Review 2021 (3):1085-1134.
    America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who (...)
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  19. Prioritizing the Prevention of Early Deaths During Covid‐19.Govind Persad - 2021 - Hastings Center Report 51 (2):42-43.
    In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely recognized (...)
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  20. Escalating Linguistic Violence: From Microaggressions to Hate Speech.Emma McClure - 2020 - In Lauren Freeman & Jeanine Weekes Schroer (eds.), Microaggressions and Philosophy. New York: Routeledge. pp. 121-145.
    At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted effort by critical race theorists, feminists, and other (...)
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  21. Discrimination as an Individual Wrong.Michael P. Foran - 2019 - Oxford Journal of Legal Studies 39 (4):901-929.
    This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...)
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  22. Hate Crimes and Human Rights Violations.Thomas Brudholm - 2015 - Journal of Applied Philosophy 32 (1):82-97.
    The discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that there (...)
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