Scholarship

Discrimination: When Is It Morally Wrong and Why?

Deborah Hellman

Date

2006-8

Citation

Deborah Hellman, Discrimination: When Is It Morally Wrong and Why?, Dartmouth Law Journal, 3–6 (2006).

UVA Law Faculty Affiliations

Deborah Hellman

Constitutional Law

Center for the Study of Race and Law

Family Law Center

Center for the First Amendment

LawTech Center

More in This Category

The Surveilled Student

Danielle K. Citron

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

Big Data and Compounding Injustice

Deborah Hellman

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

The One Remaining Identity the Supreme Court Is Willing to Protect

Craig Konnoth

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

Introduction: The Nature of the Judicial Process at 100

Charles Barzun

John C.P. Goldberg

This special issue of the Yale Journal of Law and the Humanities contains papers presented at a March 2022 conference at Yale Law School marking the...

One of the Most Sacred Premises in American Law Is Bunk

Gregory Mitchell

Brandon Garrett

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

Precedent and Similarity

Frederick Schauer

Barbara A. Spellman

Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...

The Work of the American Law Institute in Historical Context

Kenneth S. Abraham

G. Edward White

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

Alzheimer’s, Advance Directives, and Interpretive Authority

Charles Barzun

Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented...

Taking Experience Seriously: A Comment on Professor Zipursky’s “Benjamin Cardozo and American Natural Law Theory”

Charles Barzun

This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo...

Lon Fuller and the Rule of Law

Frederick Schauer

Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major...

Defining Disparate Treatment: A Research Agenda for Our Times

Deborah Hellman

Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...

Doctrinal Forks in the Road: The Hidden Message of The Nature of the Judicial Process

G. Edward White

Kenneth S. Abraham

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

Literary Influence on Legal Philosophy: A Comment on Professor Meyler’s Cardozo's Literary Precedents

Leslie Kendrick

What shapes judicial temperament? What hones judicial style? Seeing as judges are grown in neither a hothouse nor a test tube, presumably they attain...

Is the Religious Liberty Tent Big Enough to Include the Religious Commitments of Jews?

Micah J. Schwartzman

Dahlia Lithwick

One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise...

The Proof: Uses of Evidence in Law, Politics, and Everything Else

Frederick Schauer

In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like...

The Politics of Proportionality

Micah J. Schwartzman

Nelson Tebbe

In this review of Jamal Greene’s How Rights Went Wrong , we raise a series of questions about proportionality review as a model for adjudicating...

The Algorithmic Leviathan: Arbitrariness, Fairness, and Opportunity in Algorithmic Decision Making Systems

Deborah Hellman

Kathleen Creek

This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it...

Three ways of failing to treat others as equals: comments on Sophia Moreau's Faces of Inequality

Deborah Hellman

In Faces of Inequality, Sophia Moreau offers an intricate and nuanced account of the wrong of discrimination that is grounded in the real-world...