The Fair Calculations Act introduced in the House of Representatives (H.R.6417) and Senate (S.3489) seeks to prohibit courts from using race, ethnicity, gender, religion, or actual or perceived sexual orientation in awarding damages to plaintiffs in civil actions. The following case study...

Australian courts have been slow to recognise the gendered nature of aspects of the award of damages for personal injury. The decision of the High Court in Griffiths v. Kerkemeyer made it clear for the first time that damages could be recovered for the costs of care even where such care was...

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees' responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant...

This article concerns the Lakeland Health case and the employer's to re-classify licensed practical nurses (LPNs), from protected employees to statutory supervisors, so as to remove them from employee protections afforded by the National Labor Relations Act (NLRA). Under NLRA law, the article...

Educators/trainers try very hard to be inclusive. But sometimes we adopt learning strategies that have the opposite effect. Unless we are careful, the programs we develop may exclude participants because of disability, ethical issues, cultural differences, spirituality, and religion. Adventure...

This article engages with the ways in which the assessment of damages for personal injuries reflects deeply gendered assumptions about women's and men's roles. It arose out of a decision of the NSW Court of Appeal (which later went to the High Court of Australia) in NSW Insurance Ministerial...

The work of American Sign Language (ASL)/English interpreters is filled with complex interpersonal, linguistic and cultural challenges. The decisions and ethical dilemmas interpreters face on a daily basis are countless and the potential for disagreement regarding those decisions is great....

This Article argues that judges and jurors unknowingly propagate racism through their legal decisions because they misremember case facts in implicitly biased ways. Such an argument bridges discourse in implicit social cognition, memory studies, and legal decision-making. Social cognition...

Previous research has found that male high school athletes experience better outcomes than non-athletes, including higher educational attainment, more employment, and higher wages. Students self-select into athletics, however, so these may be selection effects rather than causal effects. To...