2019 Publications

Listed below are books written by our Center members, separated by publication year and alphabetically by author name. 

Intersectional Discrimination

Author: Shreya Atrey 

Publisher: Oxford University Press

Language: English

About: Explores why intersectional discrimination should exist as a unique category in discrimination law. Explains the theoretical, conceptual, and doctrinal roots of intersectional discrimination. Applies central concepts and tools in discrimination law such as grounds, direct and indirect discrimination, comparison, and remedies to intersectional claims. Presents a comparative analysis of intersectional cases in the US, UK, South Africa, India, and at the ECtHR, CJEU, and international human rights treaty bodies.

Unequal Profession: Race and Gender in Legal Academia

Author: Meera E. Deo

Publisher: Stanford University Press

Language: English

About: This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

Comparative Human Rights Law, 2019

Authors: Sandra Fredman

Publisher:  Oxford University Press

Language: English

About: Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I (Chapters 1–5) outlines the cross-cutting themes which shape the ways judges respond to challenging human rights issues. Chapters 1–5 examine when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II (Chapters 6–12) applies these cross-cutting themes to comparing human rights law in five jurisdictions. These chapters focus on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education, and religion, with the aim of inspiring further comparative examination of other pressing human rights issues. It is primarily court-centred, but also examines courts’ drawbacks.

 

International Law's Objects, 2019

Authors: Jessie Hohmann and Daniel Joyce

Publisher:  Oxford University Press

Language: English

About: Our Study Group member Lolita Buckner Inniss has authored a chapter titled “Ships’ Ballast” in this book.

From her chapter: In this chapter I offer a brief discussion of the history of the use of ballast in trans­atlantic slavery. I then consider how slave ships’ ballast had a crucial role in shaping norms of international trade and law. In both of these contexts the use of ballast ad­vanced the nominalization of the processes of capturing and enslaving Africans via the transatlantic trade. …Ships’ ballast, by enabling the trade in slaves, made persons into captives, captives into ships’ cargo, and ships’ cargo into slaves. As ships’ cargo, African captives were sometimes sub­ject to an even more grim transformation wherein the bodies of the captured were reduced to mere ballast to be jettisoned when maritime conditions dictated. …Ballast in its numerous forms, and its human involvement, was both a key material object as well as a symbol of the transatlantic slave trade, international law, and the suffering of captive Africans

The Right to Inclusive Education in International Human Rights Law, 2019

Authors: Gauthier de Beco, Shivaun Quinlivan, Janet E. Lord,

Publisher:  Cambridge University Press

Language: English

About: Education is a fundamental human right that is recognized as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

International Human Rights Law Cases, Materials, Commentary, 2019

Authors: Olivier De Schutter

Publisher:  Cambridge University Press

Language: English

About: International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges. It has been significantly updated for the new third edition, introducing sections on subjects including business and human rights, amongst other key areas. Features include forty new cases from various jurisdictions or expert bodies, and figures offering visual descriptions of the procedures discussed in the text. The ‘questions for discussion’ have also been systematically updated. The text retains its student-friendly design, and the features which made the previous editions so engaging and accessible remain. This popular textbook continues to be an essential tool for all students of human rights law.

La obligación de realizar ajustes razonables en el puesto de trabajo para personas con discapacidad: una perspectiva desde el derecho comparado y el derecho español (The Duty to Provide Reasonable Accommodation in the Workplace of People with Disbailities: A Comparative and Spanish perspective), 2019

Authors: David Gutiérrez

Publisher: Editorial Bomarzo

Language: Spanish

About: The duty to provide reasonable accommodation in the workplace is a measure to combat discrimination on the ground of disability, whose importance has been growing in recent years. Its incorporation into article 5 of Directive 2000/78, added to the central role granted in the Convention of Rights of People with Disabilities, has placed it as the legal materialization of the social paradigm of treatment of disability, that advocates for social integration and full participation of people with disabilities. Thus, this doctoral thesis is responsible for analyzing the origin, evolution and current configuration of the duty to provide reasonable accommodation in the workplace for people with disabilities. In this regard, it offers an international, European, compared and national vision of its configuration and its implications in the legal systems that have regulated it. For that purpose, the evolution of disability treatment from an international and European point of view is first examined, detailing what has been the institutional role in the labor integration of people with disabilities. Second, the thesis focuses on a comparative and Spanish characterization of the obligation to provide reasonable accommodation in the workplace for people with disabilities, examining for this purpose the regulation of the American, Canadian, British, French and Spanish legal systems. This work aims to analyze issues of interest regarding the aforementioned business duty, such as the characterization of the obligation, what adjustments should be considered reasonable, the regulation of the disproportionate burden or the consequences of its breach, as well as the relationship that exists between the duty to provide reasonable accommodation and domestic institutions of external flexibility, with special consideration to the extinction of the employment contracts of people with disabilities. Hence, the multilevel approach, which addresses together the evolution of disability and the duty to provide reasonable accommodation in the workplace, allows to formulate proposals for improving the effective application of the mentioned labor integration mechanism in Spain

Racismo Recreativo

Authors: Adilson Moreira

Publisher: Pólen Livros

Language: Portuguese

About: This book addresses an ever-present question in political and legal debates about human rights in Brazil: how should we classify humorous expressions that reproduce negative stereotypes about racial minorities? Many individuals claim that racial stigmas negatively affect racial minority groups in many different ways, the reason why discriminatory behaviors should not have expression in the public sphere. However, there are those who deny the validity of this argument, perspective based on the hypothesis that racist humor has a benign character. The discussion of this claim has significant relevance in a nation that is becoming increasingly aware that the circulation of disparaging ideas about minority groups prevents them from having legal protection and social respectability. As several psychological theories demonstrate, humor also expresses racial hatred, evidence that it can be used to promote marginalization. This essay identifies the central elements of recreational racism, a characteristically Brazilian project of racial domination, a mechanism that masks racial hostility through humor. This is a strategic discourse and practice that enables the pursuit of psychological satisfaction of white people by affirming an alleged racial superiority, while maintaining their interest in preserving a positive social image.

The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality, 2019

Authors: David Oppenheimer

Publisher:  Brill

Language: English

About: Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.