The Hindu marriage system in Bangladesh: addressing discrimination

As a social and legal institution, marriage is recognized in every society and by every faith. The author examines the institution of marriage amongst the Hindu community of Bangladesh. After the independence of Bangladesh, no legislative measure has been taken to address the Hindu marriage system. From a gender as well as a religious perspective, the whole spectrum of Hindu marriage has often been criticised as being discriminatory, particularly towards women. Despite the fact that the Constitution of Bangladesh has clearly abolished all forms of gender and religious discrimination, these provisions are not reflected in reality. As a signatory of various international conventions, Bangladesh is also under an international obligation to materialise the notion of equality in its municipal system. This article analyses the various lacunae of the prevalent Hindu marriage system in Bangladesh and their underlying reasons. It also makes recommendations in order to achieve Bangladesh’s constitutional and international obligations toward gender equality.     

A comment on racial discrimination in prisons in England and Wales

This paper revisits systematically some of the evidence regarding racial discrimination against ethnic minority groups in prisons in the British context. Police racism has been openly discussed after the death of Stephen Lawrence, and the time is ripe to extend the discussion to the Prison Service. Based on limited data from Home Office reports, and some research on race and crime, there is real evidence of direct and indirect racial discrimination in prisons. Although we may find it difficult to admit that many current practices lead to discriminatory outcomes, prima facie some of the black and Asian prisoners reported being treated unfairly in many respects such as racial stereotyping and biased allocation of jobs; they perceived their treatment subjectively as racism. Finally, recommendations on what can and should be done to eradicate racial discrimination and how to research this sensitive topic are discussed.     

Law enforcement employment discrimination based on sexual orientation: A selective review of case law

Homosexuality has been the subject of discrimination from Biblical times through the present. Homosexuals continue to experience pervasive forms of discrimination, including denial of employment which they may be otherwise qualified to obtain. One profession that is particularly open in its discrimination against homosexual employees is law enforcement. This article traces the development of homosexuals’ rights as they specifically relate to employment in law enforcement. Examples of common arguments raised by police administrators to justify such actions are examined with each illustrated by an example from relevant case law. Finally, areas in which the law has begun to provide greater protection for the employment rights of homosexuals are identified.     

Direct and indirect discrimination applied to algorithmic systems: Reflections to Brazil

Discrimination is a complex phenomenon which has long been tackled by discrimination law. In order to present adequate legal responses, literature and caselaw have developed two main categories of discriminatory acts: direct and indirect discrimination. With the growing use of algorithms on daily lives, the adverse impacts of these technologies come to the center stage. This article aims at presenting how the direct and indirect discrimination categories are applicable to algorithm discrimination and how they may shed light on challenges related to it. Next, the article explores how the how the Brazilian legal framework may tackle algorithm discrimination, both on its direct and indirect forms, with the support of anti-discrimination law and data protection legislation.     

The classification and discrimination of glass fragments using non destructive energy dispersive X-ray microfluorescence

Frequency of analytical characteristics is best estimated on glass recovered at random. However, as such data were not available to us, we decided to use control windows for this estimation. In order to use such a database, one has to establish that the recovered fragment comes from a window. Therefore, elemental analysis was used both for classification and discrimination of glass fragments. Several articles have been published on the subject, but most methods alter the glass sample. The use of non destructive energy dispersive X-ray microfluorescence (microXRF) for the analysis of small glass fragments has been evaluated in this context. The refractive index (RI) has also been measured in order to evaluate the complementarity of techniques. Classification of fragments has been achieved using Fisher's linear discriminant analysis (LDA) and neural networks (NN). Discrimination was based on Hotelling's T2 test. Only pairs that were not differentiated by RI followed by the Welch test were studied. The results show that neural network and linear discriminant analysis using qualitative and semi-quantitative data establishes a classification of glass specimens with a high degree of reliability. For discrimination, 119 windows collected from crime scene were compared: using RI it was possible to distinguish 6892 pairs. Out of 129 remaining pairs, 112 were distinguished by microXRF.     

The discrimination of small fragments of household gloss paint by microspectrophotometry

A microspectrophotometer has been used to discriminate between sets of household gloss paints of the same British Standard colours obtained from different manufacturers. Reflectance spectra were obtained, over the range 390 to 900 nm, from paint top surfaces and individual cross-sectional layers. Comparison of the reflectance spectra enabled visually similar paints to be discriminated.     

Sex discrimination potential of buccolingual and mesiodistal tooth dimensions

Abstract:  Tooth crown dimensions are reasonably accurate predictors of sex and are useful adjuncts in sex assessment. This study explores the utility of buccolingual (BL) and mesiodistal (MD) measurements in sex differentiation when used independently. BL and MD measurements of 28 teeth (third molars excluded) were obtained from a group of 53 Nepalese subjects (22 women and 31 men) aged 19–28 years. Stepwise discriminant analyses were undertaken separately for both types of tooth crown variables and their accuracy in sex classification compared with one another. MD dimensions had recognizably greater accuracy (77.4–83%) in sex identification than BL measurements (62.3–64.2%)—results that are consistent with previous reports. However, the accuracy of MD variables is not high enough to warrant their exclusive use in odontometric sex assessment—higher accuracy levels have been obtained when both types of dimensions were used concurrently, implying that BL variables contribute to sex assessment to some extent. Hence, it is inferred that optimal results in dental sex assessment are obtained when both MD and BL variables are used together.     

A preliminary investigation into the use of testate amoebae for the discrimination of forensic soil samples

We present the results of an initial investigation into the efficacy of using testate amoebae for the discrimination of soils from wet ground and puddles, as little attention has been given to these organisms in forensic science. The preservation of testate amoebae in these sediments is generally good, although test concentrations are low. Statistical analysis suggests that testate amoebae assemblages are somewhat spatially distinct and have potential to be used for soil discrimination. A case study is presented where mineralogical (X-ray diffraction) and testate amoebae analyses are used in conjunction to clarify the scene of crime in a ‘cold case’ murder enquiry. Testate amoebae were recovered from dried sediment residues on clothing 10 years after the murder. Despite these promising results, further experimental work is crucial to examine the spatial and temporal variation of amoebae assemblages in water films, wet ground and puddles before they can be added to the armoury of methods available to the forensic biologist.     

A discrimination method for paper by Fourier transform and cross correlation

A non-destructive method for discriminating between different types of paper has been proposed, using image analysis, Fourier transformation, and cross-correlation matching. A fast Fourier transform (FFT) is used to extract the periodicity in the structure of paper that results from the manufacturing processes. The light-transmission images of the paper to be Fourier transformed are obtained from a flatbed image scanner. The similarity between the power spectrum of the FFT of the sample and that of a reference is quantified using a cross-correlation matching method. An advantage of using frequency analysis is that periodicity can be detected even if the sample is damaged or is printed on. The technique works on samples as small as 2 cm2.     

Herzl on discrimination in Der Judenstaat

Theodor Herzl published his programmatic book The Jewish State in February 1896. Central to it was the discrimination (and hatred) commonly known as anti-Semitism. Herzl viewed anti-Semitism as the heart of the Jewish Question but also as the potential motivator for Jews to achieve a Jewish state. Herzl's analysis of anti-Semitic discrimination is in many aspects similar to present sociological theories of middle-class minorities. His discussion of the economic aspects is compared with Gary Becker's theory of discrimination, and similarities as well as differences are pointed out.     

The peculiar case of age discrimination: Americanising the European social model?

The Lisbon Strategy commits the EU to making labour market regulation more employment friendly with commentators anticipating some resulting convergence on the US model. Surprisingly, part of this post-Lisbon convergence has taken the form of a major extension of EU Social Policy with the expansion of anti-discrimination policies to address the case of age discrimination. We argue that unlike the US experience, it is the current preoccupation with raising European employment rates that has led to this expansion of ‘hard law’ Social Europe. We are unable to provide an efficiency rationale for this extension and assess alternative explanations. We also provide arguments suggesting that its impact is likely to differ from those experienced in the US.      

Statistical tests of discrimination in punishment

A method, adopted from the labor econometrics literature, is proposed for detecting discrimination in punishment. The method requires the separate estimation of time served and punishment probability equations for, say, whites and blacks. The coefficients from the white equation are used to predict the punishment blacks would receive if treated like whites. A test of no discrimination against blacks is a test that the black punishment predicted by the black equation is equal to the punishment predicted by the equation using the white coefficients but the black endowments or characteristics. A further test is proposed that evaluates the economic efficiency of disparities in punishment. The test is restricted to measuring the recidivism effect of equality of treatment in punishment. The discrimination test and the efficiency test are illustrated using the U.S. Board of Parole data for 1972. Statistically significant racial disparities in punishment are uncovered and are found to be economically inefficient.     

Lead content and soil discrimination in forensic science

The lead contents of 206 soil samples have been determined by atomic absorption spectrophotometry. The results indicate that such determination provides a useful parameter for soil comparison and discrimination in forensic science.     

SEM-EDS analysis and discrimination of forensic soil

Soils vary among different areas, and have some characteristics because of the natural effects and transfers made by human and other living beings in time. So that forensic examination of soil is not only concerned with the analysis of naturally occurring rocks, minerals, vegetation, and animal matter. It also includes the detection of such manufactured materials such as ions from synthetic fertilizers and from different environments (e.g., nitrate, phosphate, and sulfate) as environmental artifacts (e.g., lead or objects as glass, paint chips, asphalt, brick fragments, and cinders) whose presence may impart soil with characteristics that will make it unique to a particular location. Many screening and analytical methods have been applied for determining the characteristics which differentiate and discriminate the forensic soil samples but none of them easily standardized. Some of the methods that applied in forensic laboratories in forensic soil discrimination are the color comparison of the normal air-dried (dehumidified) and overheated soil samples, macroscopic observation, and low-power stereo-microscopic observation, determination of anionic composition by capillary electrophoresis (CE), and the elemental composition by scanning electron microscope (SEM)-energy dispersive X-ray spectrometer (EDS) and other high sensitivity techniques. The objective of this study was to show the effect of the application of 9 tonnes/cm2 pressure on the elemental compositions obtained by SEM-EDS technique and comparing the discrimination power of the pressed-homogenized and not homogenized forensic soil samples. For this purpose soil samples from 17 different locations of Istanbul were collected. Aliquots of the well mixed samples were dried in an oven at 110-120 degrees C and sieved by using 0.5 mm sieve and then the undersieve fraction(<0.5 mm) of these samples put on an adhesive tape placed on a stub. About 100-150 mg aliquots of dried, sieved samples were pressed under 9 tonnes/cm2 pressure by KBr disk preparation apparatus of an infrared spectrophotometer. Surfaces of the randomized particles and the pressed disks of the soil samples were scanned and the elemental compositions were determined with scanning electron microscope JEO-JSM-5600 equipped with an energy dispersive X-ray spectrometer OXFORD Link-ISIS-300. The samples from top of the sieves were examined with stereo-microscope equipped with JVC-TK-128DE color video camera and JVC-GV-PT2, digital video printer. Natural and artificial materials that have characteristic features were identified. Then for additional confirmation all soil samples were dried at 120 degrees C and over 780 degrees C and their colors compared. We concluded that pressing the whole sieved soil samples under 9 tonnes/cm2 pressure results in smashing over the harder particles into the softer matrix and results in homogenization of the soil sample. The elemental compositions of these samples obtained by SEM-EDS with 10-fold less standard deviation (S.D.) values and so that with more reproducibility and discrimination power.     

Patterns of discrimination in assessments of the death penalty: The case of Louisiana

This work contributes to a growing body of literature by analyzing patterns of capital punishment sentencing in Louisiana during the post-Furman era. The specific focus of the study was to determine whether patterns of discrimination by race continue to persist. A logit model was utilized with data consisting of 504 cases of homicide eligible for capital punishment, fifty-three of which had been assigned the death penalty. Results indicated that a pattern of discrimination by race of victim, but not by race of offender, existed, even when a number of legal and extra-legal factors were controlled. In addition, an effect for sex of the victim was noted. Another pattern found, that of capriciousness, is also discussed.     

Victory for transgendered people in gaining protection against discrimination

On 7 June 2000, the BC Supreme Court rejected an attempt by the Vancouver Rape Relief Society to prevent the provincial human rights commission from hearing a complaint that it had discriminated against a transgendered woman. Kimberly Nixon filed a complaint with the BC Human Rights Commission in August 1995, alleging that the Vancouver Rape Relief Society had refused to allow her to work as a volunteer counselor because she had not been biologically female at birth.     

Formal rationality,substantive justice,and discrimination

This study examines the extent to which a juvenile court uses legal, substantive, and discriminatory criteria in assessing dispositions. The indicators of legal criteria are the seriousness of offense and the extent of prior arrest record, of substantive criteria, the presence of family and school problems, and of discriminatory criteria, race and social class. An examination of the dispositions accorded to a sample of 464 fourteen and fifteen year old arrestees in one juvenile court shows that, while discrimination in sentencing is minimal, the court is more likely to use substantive than formal criteria of decisionmaking. These findings suggest that studies of the juvenile court should be reoriented away from their traditional focus on legal and extralegal determinants of decision making toward a focus on substantive criteria.This study was supported by Ford Foundation under grant no. 73-96. We are grateful to Jackson Toby, principal investigator, for his aid in all phases of this study. William Smith and Antonia Steegen provided invaluable research assistance. This is a thoroughly revised version of a paper presented at the Annual Meeting of the American Society of Criminology, November, 1977.     

Microscopical discrimination of twins' head hair

Twin populations are ideal for studying human variation; a study of twin's hair, therefore, provided a better understanding of the value of hair comparisons. Duplicate head hair samples from 17 pairs of twins and one set of identical triplets were compared in a verified blind study. In addition to the direct comparison of all twins, random samples of two or three hairs were compared with randomly selected groups of known samples in a second blind study, to better simulate an ordinary forensic science case. Features commonly used by forensic hair examiners were adequate to distinguish hair samples from each twin from all other samples, illustrating the power of microscopical comparison when numerous questioned hairs are available in evidence. When two or three hairs were compared with randomly selected known samples, several were indistinguishable from hair samples other than the true source, proving once again that a human hair can never be associated with one person to the exclusion of all others.     

Scientific and legal standards of statistical evidence in toxic tort and discrimination suits

Many legal disputes turn on scientific, especially statistical, evidence. Traditionally scientists have accepted only that statistical evidence which satisfies a 95 percent (or 99 percent) rule — that is, only evidence which has less than five percent (or one percent) probability of resulting from chance.The rationale for this rule is the reluctance of scientists to accept anything less than the best-supported new knowledge. The rule reflects the internal needs of scientific practice. However, when uncritically adopted as a rule for admitting legal evidence, the seemingly innocuous 95 percent rule distorts the balance of interests historically protected by the legal system. In particular, plaintiffs in toxic tort and employment discrimination suits are effectively held to a heavier burden of proof in showing that their injuries were more probably than not caused by the defendant's actions. The result is that too many victims of toxic torts or employment discrimination cannot win legal redress for their injuries.Proposals to adopt stringent scientific rules of evidence thus implicate significant philosophical issues about the relation of evidence to belief and to practical action. The underlying objectives of the tort law system are not those of scientific practice, and each set of objectives has standards of evidence specific to it.Previous versions of this paper were read at the UCLA Law and Philosophy Discussion Group and at the Orange County Moral and Political Philosophy Discussion Group. We have benefitted from comments by Steve Munzer, Peter Aranella, Craig Ihara, Gary Watson, David Estlund, and Alex Rosenberg. A longer version of this paper is in preparation. In that paper we hope to develop some of the items merely sketched in this paper.