Suchergebnisse

published_or_final_version ; Social Work and Social Administration ; Doctoral ; Doctor of Philosophy

Exploring the key legal issues in combating race discrimination, Race Matters provides readers with a detailed understanding of the issue of inequality. At its heart is an aim to increase the likelihood of achieving racial equality at both the national and international levels - in so doing it examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of racial discrimination. By providing a detailed examination of the relationship between race and the law, the book will be an important resource for those concerned with equality.

Making Anti-Racial Discrimination Law examines the evolution of anti-racial discrimination law from a socio-legal perspective. Taking a comparative and interdisciplinary approach, the book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda

Intro -- Contents -- Racial Discrimination -- Abstract -- Keywords -- Part 1: Comparative Law's Resistance to Race -- National Exceptionalism and the Denial of Racism -- Race as a Comparative Law Category of Study-Critical Race Theory -- The Voices of the Subaltern -- Cultural Immersion -- The Efficacy of Equality Law -- Post-Race Assumptions -- General Equality Principles -- Considerations for Comparatists Working with Race -- Part 2: Procedural Law Comparisons as to Equality Claims -- Alternative Dispute Resolution -- Burdens of Proof -- Part 3: Definitions of Discrimination, Equality and Race Discrimination -- The Concept of Equality -- Dignity as a Touchstone of Equality -- Indirect Discrimination -- Statutory Exceptions to Discrimination -- Part 4: Criminal v. Civil Law -- Constitutional Equality Protections -- Criminal Law Provisions -- Judges and Enforcement -- Civil Law Frameworks -- Part 5: Multiple Discrimination/Intersectionality -- Sex-plus Claims -- Intersectionality Theory -- Part 6: Affirmative/Positive Action Remedies for Race Discrimination -- Affirmative Action -- Positive Discrimination -- Affirmative Action in Brazil -- Part 7: Conclusion -- References.

published_or_final_version ; Politics and Public Administration ; Master ; Master of Public Administration

Four cases in which the legal issue was "race" - that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners' association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of "race" - drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialization of Canadian society. With painstaking research

In recent years, the Supreme Court has narrowed its examination of racial subordinations to focus upon three doctrinal approaches: disparate treatment racial discrimination, the intent theory of racial discrimination, and suspect category strict scrutiny. Taken together, these three doctrines mutually reinforce racial discrimination as the only available legal understanding of racial subordination. Faced with the Court's ever contracting list of issues available for discussion, some scholars have chosen to investigate outside the Court's constricted understanding of race. This Essay begins by noting that racial subordinations—social subordinations premised on a schema of body types—are multiple and not limited to a single, narrow understanding. After introducing the Supreme Court's restrictive approach in Section I, I examine in Section II recent scholarship on racial subordination that has pressed beyond the doctrinal confines created by the Supreme Court. I review authors discussing Title VII, common law contract, racial tropes, implicit bias, patent law, and trademark. Section III examines Professor Anthony Farley's concept of racial pleasure—the idea that racial subordination gives pleasure to its participants. Racial pleasure is a form of racial subordination that falls outside of the Supreme Court's understanding of racial subordination as racial discrimination. Through the examination of race in computer games, I suggest two distinctions. I observe a legal distinction between racial pleasures and commodified racial pleasures, and a normative legal distinction between permitted racial pleasures and illicit racial pleasures. Section III ends with a proposed standard for constitutional review of state regulation of illicit racial pleasures. As another interpretation of racial subordination, Section IV proposes a theorization of commodified race through Marx' theory of commodity circulation.

Intro -- Table of Contents -- Preface -- Racism, Xenophobia and Discrimination-Humanity's Need for a New Ethical Code of Conduct -- The Security Council and the Protection of Human Rights -- The Future Shape of Europe -- Slavery as Piracy-The Legal Case for Reparations for Slavery -- Judaism as a Source of Human Rights -- Perceptions of the Other-Lessons from Jewish-Christian Dialogue -- Racism and Xenophobia in Virtual Russia -- Unease in the Global Village: German-language Racism on the Internet -- The European Race Directive: A Bridge so Far? -- The Drafting of the Articles on the Middle East and Antisemitism at the Durban Conference Against Racism.