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Despite the seemingly limited scope of such laws, they have, as I have demonstrated, been used to impair, and perhaps in some cases destroy, the legitimacy of downstream antidiscrimination laws. See subparts A and B of this Part [IV].
I conclude with some observations about the role and significance of the notion of individual treatment within the broader context of antidiscrimination law as a whole.
These new statutes are antidiscrimination laws. But they are antidiscrimination laws of a kind that most of our usual theories of antidiscrimination law are hard-pressed to explain.
step to say that antidiscrimination law in effect prohibits not
A transgender equality movement that includes expansion of antidiscrimination laws and marriage equality among its goals is coextensive with the project of "transformative change."
Other scholars agree that preferences for friends and lovers may mask subtle discrimination, but they focus less on using existing antidiscrimination law to eliminate such preferences.
The addition of an SOI provision requires us to consider the possibility of social welfare law and antidiscrimination law working together.
The BSA argued that New Jersey's antidiscrimination law violated its right to choose its own members, and that forcible inclusion of a homosexual violated its freedom of speech, namely, to express opposition to homosexuality.
Even ignoring the irrationality of the underlying antidiscrimination paradigm, the already wide ambit for claims, and the lower standards of proof, antidiscrimination law is rife with further abuse and vexatious claims--vexatious, that is, even considering the already lax standards for findings of guilt (McIntyre 1998).
The tide and much of the book's early discussion make it sound like a right-wing screed attacking antidiscrimination law. Ford seems to want to entice people inclined to that view to read his book and then convince them that, in light of his vision of the law's purpose, the law is justified.