Foundations of Employment Discrimination Law / Edition 2 by John Donohue | 9781587780967 | Paperback | Barnes & Noble
Foundations of Employment Discrimination Law / Edition 2

Foundations of Employment Discrimination Law / Edition 2

by John Donohue
     
 

ISBN-10: 1587780968

ISBN-13: 9781587780967

Pub. Date: 01/01/2003

Publisher: West Academic Publishing

Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and

Overview

Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives.

Product Details

ISBN-13:
9781587780967
Publisher:
West Academic Publishing
Publication date:
01/01/2003
Series:
Foundations of Law
Edition description:
REV
Pages:
551
Product dimensions:
6.60(w) x 9.94(h) x 1.08(d)

Table of Contents

PART I. RACIAL DISCRIMINATION

1. Historical Background

Democracy in America, Alexis de Tocqueville

An American Dilemma: The Negro Problem and Modern Democracy, Gunnar Myrdal

2. Freedom and Antidiscrimination Law: Philosophic Issues

In Defense of the Antidiscrimination Principle, Paul Brest

Rational Discrimination in Competitive Markets, Richard A. Epstein

3. The Theory of Employment Discrimination Law

A. Equal Treatment versus Equal Achievement

A Theory of Fair Employment Laws, Owen M. Fiss

Racism, Rights and the Quest for Equality of Opportunity: A Critical Legal Essay, Alan Freeman

Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law, Kimberle Williams Crenshaw

B. Affirmative Action

Affirmative Action and Racial Discrimination Under Law: A Preliminary Review, William W. Van Alstyne

Persuastion and Distrust: A Comment on the Affirmative Action Debate, Randall Kennedy

Affirmative Action as a Majoritarian Device: or, Do YOu Really Want to Be a Role Model?, Richard Delgado

4. The Evolution of the Law

4. The Evolution of the Law

A. Constructing the Doctrinal Framework

The Law Transmission System and the Southern Jurisprudence of Employment Discrimination, Alfred W. Blumrosen

B. The Battle Over Testing

Within-Group Norming and Other Forms of Score Adjustment in Preemployment Testing, Paul R. Sackett and Steffanie L. Wilk

Employment Testing and Job Performance, Jan H. Bits and Linda S. Gottfredson

Concepts of Discrimination in "General Ability" Job Testing, Mark Kelman

5. The Nature and Extent of Racial Prejudice

Recent Unobtrusive Studies of Black and White Discrimination and Prejudice: A LiteratureReview, Faye Crosby, Stephanie Bromley, and Leonard Saxe

The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, Linda Hamilton Krieger

The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism, Charles R. Lawrence III

Cooperation and Conflict: The Economics of Group Status Production and Race Discrimination, Richard H. McAdams

6. The Nature and Extent of Racially Discriminatory Conduct

Racism Du Jour at Shoney's, Steve Watkins

"We'd Love to Hire Them, But...": The Meaning of Race for Employers, Joleen Kirschenman and Kathryn M. Neckerman

The Urban Institute Audit Studies: Their Methods and Findings, James J. Heckman and Peter Siegelman

7. Are Antidiscrimination Laws Efficient?

Is Title VII Efficient?, John J. Donohue III

The Efficiency and the Efficacy of Title VII, Richard A. Postner

Further Thoughts on Employment Discrimination Legislation: John J. Donohue III

Market Affirmative Action, Robert Cooter

8. Are Antidiscrimination Laws Effective?

Black Economic Progress After Myrdal, James P. Smith and Finis R. Welch

Continuous Versus Episodic Change: The Impact of Civil Rights Policy on the Economic Status of Blacks, John J. Donohue III and James Heckman

9. The Responses of Litigants and Employers to Antidiscrimination Law

. A. The Growth and Composition of Litigation

The Changing Natuer of Employment Discrimination Litigation, John J. Donohue and Peter Siegelman

Victims in the Shadow of the Law: A Critique of the Model of Legal Protection, Kristin Bumiller

B. Changing Personnel Practices

Equal Opportunity Law and the Construction of Internal Labor Markets, Frank Dobbin, John R. Sutton, John W. Meyer, and W. Richard Scott

10. Using Statistical Evidence to Prove Discrimination, Paul Meier, Jerome Sacks, and Sandy L. Zabell

Statistical Proof of Discrimination: Beyond "Damned Lies", Kingsley R. Browne

PART II. SEX DISCRIMINATION

11. Historical and Psychological Perspectives, Understanding the Gender Gap: An Economic History of American Women

Mothering, Male Dominance, and Capitalism, Nancy Chodorow

12. Feminist Theory

Reconstructing Sexual Equality, Chrisitine A. Littleton

13. Economic Considerations

An Economic Analysis of Sex Discrimination Laws, Richard A. Posner

Prohibiting Sex Discrimination in the Workplace: An Economic Perspective, John J. Donohue III

14. Sex Segregation and Sexual Harassment

Telling Stories About Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument, Vicki Schultz

Sexual Harassment: Its First Decade in Court, Catharine A. MacKinnon

15. Alternative Proposals for Creating Sexual Equality in the Workplace

The Economics of Comparable Worth: Analytical, Empirical, and Policy Questions, Mark R. Killingsworth

Women and the Workplace: Accommodating the Demands of Pregnancy, Samuel Issacharoff and Elyse Rosenblum

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