Sex Discrimination,Personal Denial,and Collateral Damage

Many social scientists, especially those interested in social justice, have bemoaned the election of Donald Trump as president of the USA and have decried similar right-wing victories around the globe. We wish our research would have more of an impact. I argue that if we want our conclusions to have more application outside academia, we must first put our own house in order. As illustrated by a personal narrative, we are guilty of the sexism that we decry in others, although we can see that with clarity only in hindsight. Connected to our sexism are some epistemological shortcomings: our false insistence on the primacy of basic research and our false claim to conduct “value-free” research.     

The Revised Provisions on Sex Discrimination in European Law: A Critical Assessment

Abstract:  The recently revised provisions on sex discrimination in European law are critically evaluated. The evaluation is focused on substantial issues, technical issues such as consistency and clarity, and on the problems observed in the implementation of discrimination provisions in the national legislation. The consistency of different language versions of community legislation is also covered. The problematic issues observed in the evaluation are discussed, and possible cures are briefly outlined.     

A Game of the Half: The Manageress and the Sex Discrimination Act

As the football industry continues in its struggle to balance its traditional regulations and practices with the demands of domestic and European law it is evident that entrenched attitudes within the game will have to be changed if the industry is to avoid further damaging litigation. One such area is in the appointment of football managers (or head coaches), where the practices of selection seem to contravene the most basic principles of employment law with regard to the Sex Discrimination Acts. This article argues that the appointment of ex professional players as Managers violates the prohibition on indirect sex discrimination, and asserts that being male is not a ``genuine occupational qualification' for the post. The article analyses case studies of football managers to substantiate its claims, and uses interviews carried out with coaches and players in the women's Premier League in order to discuss sex discrimination and the non-appointment of women to one of the most important posts in the football industry in more general terms. This revised version was published online in August 2006 with corrections to the Cover Date.     

论电信法中不对称管制的反向歧视特征及立法权

本文阐述了电信法中不对称管制的概念、法理学依据和规范结构,提出了认定歧视的标准和反向歧视的概念,分析了不对称管制措施的反向歧视特征及其合宪性,探讨了制定不对称管制措施的立法权。不对称管制属于限制民事行为能力的反向歧视措施,虽然形式上为特定法人设定了不平等的义务,但由于法人人格权仅具有财产意义,且该措施属于促进竞争的公共利益行为,故其并不侵犯法人的平等权。其作为形式上不平等的限制民事行为能力的规范,立法权属于国家立法,而非政府立法。     

辽宁汉族成人前牙的性别判别研究

本文对辽宁地区汉族成人前牙（５０８颗）的牙根长、牙冠高、牙冠宽、牙颈宽、牙冠厚及牙颈厚的测量值进行了两类判别分析，获得了前牙的１２个性别判别方程式，其回代率分别为６８．４２％～８７．５０％、７０．４１％～８６．３６％。     

Concepts of Representation and the Passage of the Sex Discrimination (Election Candidates) Bill

The Sex Discrimination (Election Candidates) Bill was introduced to the House of Commons in October 2001, gaining Royal Assent in February 2002. The Bill followed the decrease in the numbers of women elected in the 2001 General Election. It permits political parties to introduce positive action in the selection of candidates. The Bill received cross party support and had an easy passage through both Houses of Parliament. Informed by feminist concepts of representation this article examines the arguments employed by MPs and Peers in support of the legislation. Arguments associated with the claim that women have a different political style received little support. There was greater discussion of, and support for, arguments based on symbolic representation and substantive representation, although many MPs were reluctant to make the strong claim that women's substantive representation is dependent upon women's presence. However, the most widely supported argument in favour of the Bill was the justice argument, namely, that women are currently being denied equal opportunities in the parties' selection processes.     

Privacy, Efficiency, and the Equality of Men and Women: A Revisionist View of Sex Discrimination in Employment

The Supreme Court's decision in City of Los Angeles Department of Water and Power v. Manhart has engendered a considerable debate, much of which has appeared in the pages of this Journal. Defenders of the Manhart decision take its critics to task for failure to appreciate the place of that decision in the overall jurisprudence of employment discrimination. In this article, the authors challenge the underlying conception of the law of sex discrimination that is said to dictate the result in Manhart. Far from erecting a per se rule against all sex classifications, the Civil Rights Act of 1964 is shown to recognize both the relevance of prevalent social norms about sex differences and the legitimacy of certain interests of employers as limited justifications for the maintenance of sex-conscious lines in some circumstances, a recognition that contrasts sharply with the statute's categorical prohibition on racial classifications. It follows from this discussion that Manhart's outcome was not ordained by the ethos of the laws against sex discrimination.     

Direct Discrimination, Indirect Discrimination and Autonomy

Western liberal democracies tend to impose duties on publicand private bodies that are often formulated as an obligationnot to discriminate. For instance, the European Union prohibitsdirect and indirect discrimination on certain grounds in certaincontexts. Under this model, indirect discrimination involvesa measure that, although it does not directly (i.e. explicitly)discriminate on the basis of a proscribed ground, produces adisparate impact that correlates with such a proscribed ground.Indirect discrimination is generally viewed, both conceptuallyand politically, as subordinate to direct discrimination. ProfessorJohn Gardner has argued that anti-discrimination law is justifiedon the basis of duties to respect other people's autonomy. Onthe base of this analysis, he argues that indirect discriminationis a secondary concept to the paradigm wrong of direct discrimination.I contend in this article that, if one adopts Gardner's autonomy-basedanalysis of anti-discrimination law, indirect discriminationis not a secondary concept to direct discrimination. Further,I argue that autonomy does not provide a convincing justificationfor the prohibition of either direct or indirect discrimination.I tentatively suggest, however, that the widespread impact ofcertain types of discrimination (alluded to by Gardner) maysupport an equality-based justification for the prohibitionof both direct and indirect discrimination.     

Legitimating Racial Discrimination: Emotions, Not Beliefs, Best Predict Discrimination in a Meta-Analysis

Investigations of racial bias have emphasized stereotypes and other beliefs as central explanatory mechanisms and as legitimating discrimination. In recent theory and research, emotional prejudices have emerged as another, more direct predictor of discrimination. A new comprehensive meta-analysis of 57 racial attitude-discrimination studies finds a moderate relationship between overall attitudes and discrimination. Emotional prejudices are twices as closely related to racial discrimination as stereotypes and beliefs are. Moreover, emotional prejudices are closely related to both observed and self-reported discrimination, whereas stereotypes and beliefs are related only to self-reported discrimination. Implications for justifying discrimination are discussed.