Women's views on affirmative action: A new look at preferential treatment

The first part of this paper sketches a profile of women who endorse affirmative action, showing that women who approve of affirmative action identify with a nontraditional image of women and experience discontent when perceiving discrimination on the basis of sex. We also examine the impact of the implementing procedure. Studies conducted with French-Canadian women show that those who fit the above profile readily endorse equal opportunity policies. What about policies that advocate preferential treatment? Early studies indicated that women did not endorse these policies. Recent studies, however, revealed a dramatic change in the pattern of responses. Women who were dissatisfied with their collective situation and identified with a nontraditional image of their group predominantly approved of preferential treatment. What factors triggered this change in attitudes? Are the merit principle and preferential treatment policies truly incompatible? We address these questions in the second part of this paper as well as the implications of this shift in attitudes.     

Intrauterine exposure to environmental toxins: The significance of subtle behavioral effects

Abstract

Recently, there has been an increase in interest in subtle effects associated with exposure to environmental toxins. One methodological problem in research in this area involves assessment of degree of contamination when exposure occurs at low and moderate levels. A second problem lies in determining the clinical or practical significance of subtle toxic effects when they are observed. Both these issues are illustrated by the case of polychlorinated bi‐phenyls (PCBs), a family of environmental toxins found in moderate concentrations in humans who consume Lake Michigan sports fish. Two hundred forty‐two newborns whose mothers had consumed these fish and 71 newborns whose mothers had abstained were examined in the immediate post‐partum period. Degree of exposure was measured by both maternal contaminated fish consumption and cord serum PCB level. An examination of the data suggests that, at the levels of exposure found in this sample, a maternal report may in some instances be more sensitive and reliable than a biochemical analysis. While statistically significant effects on birth size, gestational age, and neonatal behavior were observed, the clinical significance of these effects is not yet known since none of the exposed infants weighed less than 1500 g and criteria for newborn behavioral adequacy have not been established. However, research on other toxic substances suggests that subtle neonatal deficits frequently signal the existence of an ongoing toxic process with clinically significant implications for later development.     

Equality Law and the Protected Characteristics

UK anti‐discrimination law is founded on a grounds‐based system of protected characteristics. For this system to function as a legitimate and workable legal framework the characteristics must satisfy three conditions: they must have some definitional and categorical stability, they must broadly reflect people's understanding of social reality and lived experiences and they must align with the most significant axes of discrimination in society. This article argues that all three conditions are becoming increasingly difficult to satisfy as a result of dramatic shifts in social configurations of identity and the ongoing failure to include socio‐economic status as a legally protected characteristic. The future of the legislative framework may depend on the willingness of courts and policy‐makers to adopt a more context‐based approach to the protected characteristics. This would require them to interrogate claims of individual instances of discrimination in the context of wider, but also more particular substantive group disadvantage.     

新时期就业歧视的成因及治理

就业是最基本的民生,而消除就业歧视则是实现高质量发展的关键。本研究通过梳理就业歧视相关文献,结合劳动力市场就业歧视的主要类型及表现,分析就业歧视产生的原因及对就业市场的影响。研究发现,随着社会发展就业歧视类型逐渐多样化,出现户籍、性别、年龄、健康等歧视,也导致我国劳动力市场分割、人力资源流动不畅、劳动者不公平感加强等危害。研究建议,我国应完善相关就业法规,维护就业者合法权益,打造公平公正的劳动力市场环境,促进高质量充分就业的实现。     

私分国有资产行为之界定标准问题新探

自从私分国有资产罪设立以来,如何区分私分国有资产行为和共同贪污行为就成为摆在刑法理论界和司法实务界面前的一道棘手的难题。在众多的区分标准中,以私分国有资产行为受益主体多寡作为区分私分国有资产行为和共同贪污行为的标准成为刑法理论界的主流观点并在司法实务工作中被普遍接受。然而,以私分行为之受益主体多寡作为区分标准从逻辑和法理上均不可行,在司法实践中应该实行新的区分标准。     

The Rise and Fall of Political Engagement among Latinos: The Role of Identity and Perceptions of Discrimination

This study analyzes how perceptions of discrimination against oneself and/or one’s group and whether one self-identifies in national (American), national origin, or panethnic terms affect levels of political engagement among Latinos in the United States. The findings show that perceptions of discrimination against oneself are particularly damaging in that they promote both behavioral and attitudinal alienation (e.g., non-voting and lack of trust), especially among Latinos who identify primarily as American. Behavioral alienation can be mitigated, and even overcome, when perceptions of discrimination are accompanied by a panethnic or national origin self-identification. However, the attitudinal alienation created by perceptions of discrimination is not mitigated by any type of self-identification. These findings shed light on understudied factors that affect political engagement that are going to become more important to understand as the American population continues its ethnic diversification. In addition to expanding our knowledge of political engagement generally, this study also raises important questions about whether the adoption of an American self-identification is in fact beneficial for the health of our participatory political system as a whole.     

就业歧视救济路径探析

就业歧视问题在中国现阶段的劳动者市场中是一种非常普遍的现象,歧视形式可谓五花八门,相当比例的劳动者遭受过就业歧视,但寻求救济者则甚微.对就业歧视救济路径的反思揭示出,看似多元的现行救济体制,对于劳动者来说是一种成本高昂但收效甚微的奢侈的“义气之争”,令绝大多数受歧视者望而却步.因此,建构以行政救济为主导的低成本、高效率的救济制度格局是完善平等就业制度,保障劳动者平等就业权的一种可行性选择.     

浅析变性的原因与变性人法律保障的缺失——聚焦《变性手术技术管理规范(征求意见稿)》

在今天,变性这个词对于我们来说已不再陌生,日前,卫生部发布了《变性手术技术管理规范（征求意见稿）》（以下简称《意见稿》）,对实施变性手术,在承接变性手术的医院、实施变性手术的医师以及接受变性手术的患者资格审查方面加以规范。这个意见稿在一定层面上肯定了变性手术的合法性与必要性。文章通过比较易性癖与同性恋、易性癖与易装癖、变性人与人妖的本质区别,进而分析变性的原因、手术成功的标准、纠纷解决的途径、医院伦理委员会的成员资格等问题,并且对术后变性人的性别更改、婚姻子女、职业选择等社会家庭问题提出法律保障建议。