Transnational Law & Contemporary Problems articles from March 2005

Transnational Law & Contemporary Problems archives from March 2005

Social inclusion: a better approach to equality issues?(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... I. INTRODUCTION A succession of official inquiries has revealed that, despite the efforts of senior officers, hardly any racial minorities have joined the London police force. (1) The effect of this failure is that an almost entirely...

Substituting social inclusion for equal treatment: a comparison of means to achieve just outcomes in antidiscrimination efforts - a response to Professor Hugh Collins. (in this issue, p. 897) (Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... Hugh Collins, in Social Inclusion: A Better Approach to Equality Issues? advances our understandings of the difficulties of reconciling two measures of equality: equality of treatment, administered on an individual basis, and equality of...

Mainstreaming equality: dis/entangling grounds of discrimination.(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... Half of the people can be part right all of the time, Some of the people can be all right part of the time. But all the people can't be all right all the time. I think Abraham Lincoln said that. "I'll let you be in my dreams...

Concordantia catholica: exploring the context of European antidiscrimination law and policy.(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... I. INTRODUCTION: ANXIETY IS BLISS The career of European antidiscrimination law and policy is somewhat paradoxical. The European Community appears to have taken the lead in a field in which the integration process is otherwise deemed to...

Dubious heritage: the German debate on the antidiscrimination law.(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... "Jurisprudence is a special branch of the science of transcendental nonsense." --Felix S. Cohen (1) I. INTRODUCTION When the Schroder Administration presented the first draft of the Antidiscrimination Act (the Act)...

Protection against discrimination and private autonomy.(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... I. PROTECTION AGAINST DISCRIMINATION IN PRIVATE LAW--A TRANSITIONING ISSUE The question of protection against discrimination in the legal affairs of individuals is not a new one, but it has only recently begun to expand in topicality and...

Prospects of German antidiscrimination law.(Symposium on Antidiscrimination Law in the European Union)
March 22, 2005... I. HUMAN PLURALITY AND THE EQUALITY OF WORTH Human beings are a heterogeneous species. There are many natural differences that distinguish individuals--from their sex to the color of their hair. In addition, one of the central properties...

A beast of a burden? The new EU burden-of-proof arrangement in cases of employment discrimination compared to existing U.S. law.
March 22, 2005... I. INTRODUCTION Unannounced, a male supervisor enters the office of a female employee named Ms. X, a highly qualified superintendent employed by the Postal Service Company for thirteen years. Ms. X, who recently put in an application for...

France for the French? The Europeans? The Caucasians? The latest French immigration reform and the attempts at justifying its disproportionate impact on non-white immigrants.
March 22, 2005... I. INTRODUCTION Contrary to preceding political formulae, the scapegoat today is no longer the key figure of the Jew, the Protestant or the foreigner (although now and again these representations reappear) but that of ...

Definition of the problem: the impossibility of compliance with both European Union and United States law.
March 22, 2005... I. INTRODUCTION Face prosecution for the violation of European Union (EU) data protection laws or pay hefty fines to the U.S. Government? European airlines recently faced the dilemma of which of these options to choose because of a...