1. Indirect Discrimination Law: Controversies and Critical Questions Hugh Collins and Tarunabh Khaitan 2. Direct and Indirect Discrimination: Is There Still a Divide? Sandra Fredman 3. Approaching the Indirect–Direct Discrimination Distinction: Concepts, Justifications and Policies Nicholas Bamforth 4. Judicial Scepticism of Discrimination at the ECtHR Barbara Havelková 5. Indirect Discrimination and the Duty to Avoid Compounding Injustice Deborah Hellman 6. The Moral Seriousness of Indirect Discrimination Sophia Moreau 7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination? Ronan McCrea 8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism Kasper Lippert-Rasmussen 9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law Tarunabh Khaitan and Sandy Steel 10. Anti-discrimination Law and the Duty to Integrate Julie C Suk 11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination Hugh Collins
In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts.
Hugh Collins is the Vinerian Professor of English Law, All Souls’ College, Oxford. Tarunabh Khaitan is Professor (Chair) of Public Law at the LSE Law School, UK, and an Honorary Professorial Fellow at Melbourne Law School, Australia.
[A]n erudite collection of essays which at times is thought
provoking... it is not necessarily aimed at practitioners, it is a
useful tool in understanding how others analyse the concept of
indirect discrimination; it explores some of the factors which may
consciously or subconsciously influence the thinking of, and
arguments of, opponents and judges in their approach to some of the
more difficult issues thrown up by indirect discrimination
claims.
*Briefings, Discrimination Law Association*
[T]his book excels in offering a snapshot into contemporary
discrimination law scholarship and is a must-read for anyone
working in this area. Several of the essays are sure to shape the
contours of debates in this field for years.
*Cambridge Law Journal*
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