Seeing through colorblindness: Implicit bias and the law

J Kang, K Lane - UCLa L. rev., 2010 - HeinOnline
We start with three fictional stories. Juan's Interview. Juan was desperate for the job. But he
didn't get it. Crushed, Juan grabs a beer with his friend. Juan grouses how hard he's hustled …

The future of disability law

SR Bagenstos - Yale LJ, 2004 - HeinOnline
Since its enactment in 1990, the Americans with Disabilities Act (ADA)'has dominated
discussions of disability law in the legal academy. Literally volumes of work have been …

Same struggle, different difference: ADA accommodations as antidiscrimination

MA Stein - U. Pa. l. Rev., 2004 - HeinOnline
Modeled after existing civil rights statutes, and passed with great flourish, the Americans with
Disabilities Act (ADA) 3 was heralded as an" emancipation proclamation" for people with …

Affirmative action in antidiscrimination law and policy: An overview and synthesis

WM Leiter, S Leiter - 2011 - books.google.com
Racism, sexism, and ethnic discrimination have long represented a seemingly intractable
problem. Affirmative action was conceived as an attack on these ingrained problems, but …

Hedonic damages, hedonic adaptation, and disability

SR Bagenstos, M Schlanger - Vand. L. Rev., 2007 - HeinOnline
Over the past quarter century, the concept of" adaptive preferences" has played an important
role in debates in law, economics, and political philosophy. As Professor Jon Elster has …

Managing the Macaw: Third-Party harassers, Accommodation, and the Disaggregation of Discrimination Intent

ND Zatz - Colum. L. Rev., 2009 - HeinOnline
Work does not occur in a bubble. A day on the job is shaped in countless ways by what
happens outside the workplace, whether during the commute that morning, at home the …

The Perversity of Limited Civil Rights Remedies: The Case of Abusive ADA Litigation

SR Bagenstos - UCLA L. Rev., 2006 - HeinOnline
In the past two decades, business groups and their political allies have often criticized broad
civil rights remedies-particularly the availability of money damages-as encouraging abusive …

May hospitals withhold ventilators from COVID-19 patients with pre-existing disabilities? Notes on the law and ethics of disability-based medical rationing

SR Bagenstos - Notes on the law and ethics of disability-based …, 2020 - papers.ssrn.com
Thanks to the coronavirus pandemic, the threat of medical rationing is now clear and
present. Hospitals faced with a crush of patients must now seriously confront questions of …

The personal responsibility pandemic: centering solidarity in public health and employment law

LF Wiley, SR Bagenstos - Ariz. St. LJ, 2020 - HeinOnline
Our nation's response to the coronavirus pandemic has revealed fundamental flaws in our
legal regimes governing both public health and employment. Public health orders have …

Healthism and the law of employment discrimination

JL Roberts - Iowa L. Rev., 2013 - HeinOnline
Recently, several employers around the country announced they would no longer hire
applicants who use nicotine, even off the clock. just last year, one entity adapted a policy that …