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Book
Foundations of indirect discrimination law
Authors: ---
ISBN: 150991255X 1509912568 1509912533 9781509912537 9781509912568 9781509912551 9781509912544 Year: 2018 Publisher: Oxford Portland, Oregon

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Abstract

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. 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. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies


Book
The Psychology of Property Law
Authors: --- ---
ISBN: 1479857629 Year: 2020 Publisher: New York : New York University Press,

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Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Keywords

Possessiveness. --- Property --- Acquisition of property. --- Things (Law) --- Possession (Law) --- Right of property. --- Property. --- Psychological aspects. --- Discrimination. --- Fair Housing Act. --- Lockean labor theory. --- Ownership. --- Possession. --- Preferences. --- Prejudice. --- Remedies. --- Schemas. --- Stereotype. --- Taxes. --- adaptation. --- adverse possession. --- anchoring. --- applied psychology. --- bailments. --- bankruptcy exemptions. --- behavioral law and economics. --- bounded rationality. --- bundle of rights. --- cognitive biases. --- cultural differences. --- debiasing. --- deception. --- dictator game. --- disparate impact. --- dual agency. --- eminent domain. --- endowment effect. --- expropriation. --- externalities. --- fair housing. --- family property. --- first possession. --- groupthink. --- homelessness. --- homes. --- homestead exemptions. --- identifiability effect. --- identity. --- implicit bias. --- in-kind redress. --- inequity aversion. --- injunctions. --- just compensation. --- legitimacy. --- liability rules. --- long-term tenants. --- mere ownership effect. --- monetary compensation. --- motivated reasoning. --- neighborhood associations. --- nudges. --- omission bias. --- optimism bias. --- overoptimism. --- ownership. --- participatory democracy. --- personal property. --- personhood theory. --- property rights. --- property rules. --- psychology-informed property law. --- quick take. --- redistribution. --- remedies. --- reparcellation. --- resource theory. --- self- help. --- self-serving bias. --- social norms. --- source dependence. --- sunk costs. --- takings. --- tenancy by the entirety. --- theories of private property. --- trespass. --- ultimatum game. --- undercompensation. --- well-being.

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