Case Against Employment Discrimination Laws New edition
By (author) Richard A. Epstein
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Forbidden Grounds by Richard A. Epstein
Book DescriptionThis controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws.He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major
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Book DetailsISBN: 9780674308091
(235mm x 159mm x 28mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 5-Apr-1995
Country of Publication: United States
Books By Author Richard A. Epstein
Classical Liberal Constitution, Hardback (January 2014)
Steering clear of debates over originalism versus a living Constitution, the author employs close reading, historical analysis, and political and economic theory to urge a return to federalism, restricted government, separation of powers, and strong protection of individual rights - ideas that animated the framers' constitutional design.
Design for Liberty, Hardback (November 2011)
The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.
Overdose, Paperback (January 2009)View all books by Richard A. Epstein
Offers an examination of the pharmaceutical industry by following the course of a new drug as it progresses from early development to final delivery. This book looks at the regulatory framework that surrounds various aspects of making pharmaceutical products, and assesses which legal and regulatory practices make sense and which have gone awry.
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Author Biography - Richard A. Epstein
ref="http://www.law.uchicago.edu" target="new">University of Chicago Law School.
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