Forbidden Grounds / Edition 1

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Overview


This timely and controversial book presents powerful theoretical and empirical arguments for the repeal of the anti-discrimination laws within the workplace. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the now-rejected common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint.
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Editorial Reviews

Wall Street Journal

Epstein has convinced me...that the abuses of the anti-discrimination laws are so intimately connected with misconceptions in the laws themselves that any benefits from them will always be far outweighed by the harm they do.
— Harry V. Jaffa

Forbes

Forbidden Grounds covers not only laws on racial discrimination but also sex discrimination, age discrimination and disability discrimination. Never has the whole range of anti-discrimination laws been subjected to such a thorough and penetrating critique. No one who writes on this subject again can be taken seriously if he [or she] does not confront the analysis presented here by Epstein.
— Thomas Sowell

Wall Street Journal - Harry V. Jaffa
Epstein has convinced me...that the abuses of the anti-discrimination laws are so intimately connected with misconceptions in the laws themselves that any benefits from them will always be far outweighed by the harm they do.
Forbes - Thomas Sowell
Forbidden Grounds covers not only laws on racial discrimination but also sex discrimination, age discrimination and disability discrimination. Never has the whole range of anti-discrimination laws been subjected to such a thorough and penetrating critique. No one who writes on this subject again can be taken seriously if he [or she] does not confront the analysis presented here by Epstein.
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Product Details

  • ISBN-13: 9780674308091
  • Publisher: Harvard University Press
  • Publication date: 1/1/1992
  • Edition description: Reprint
  • Edition number: 1
  • Pages: 550
  • Product dimensions: 1.11 (w) x 6.14 (h) x 9.21 (d)

Meet the Author

Richard A. Epstein is Laurence A. Tisch Professor of Law at New York University School of Law, Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, and James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at the University of Chicago Law School.
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Table of Contents

Preface
Introduction : Consensus and Its Perils 1
I Analytical Foundations 13
1 Human Nature, Social Theory, and the Common Law 15
2 Force, Discrimination, and Free Entry 28
3 Rational Discrimination in Competitive Markets 59
4 When Entry Is Restricted: The Case of Monopoly 79
II History 89
5 Race and the Police Power: 1890 to 1937 91
6 From the 1937 Revolution to the 1964 Civil Rights Act 116
7 Constitutional Challenges to the 1964 Civil Rights Act 130
III Race Discrimination 145
8 The Contract at Will 147
9 Disparate Treatment 159
10 From Disparate Treatment to Disparate Impact 182
11 Disparate Impact 205
12 The Effects of Title VII 242
IV Sex Discrimination 267
13 Separate but Equal 269
14 Bona Fide Occupational Qualifications 283
15 Pensions 313
16 Pregnancy 329
17 Sexual Harassment 350
18 Empirical Evidence of Disparate Impact 367
V Affirmative Action 393
19 Protected Groups Under Title VII 395
20 First Principles 412
VI Newer Forbidden Grounds 439
21 Age Discrimination 441
22 Disability Discrimination 480
Conclusion: Symbols and Substance 495
Appendix of Statutory Excerpts 507
Table of Cases 519
Author Index 524
General Index 527
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