When Our Reach Exceeds Our Grasp: Remedial Realism in Antidiscrimination Law
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Date
2016-05-09
Authors
Girvan, Erik J.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Article reviews major developments in anti-discrimination doctrine related to discretionary decisions in two different domains—the death penalty and employment decisions—and highlights the role that judicial concerns about remedies plays in the opinions supporting those developments. In order to more effectively impact the doctrinal development in that area, this Article discusses concrete ways that the remedies understanding of the law-science gap can help guide social scientists, legal scholars, and advocates for expanded anti-discrimination rights.
Description
66 pages
Keywords
Citation
94 OR. L. REV. 359