2014 AALS Workshop on
Transnational Perspectives on Equality Law
June 22 - 24, 2014
The Workshop on Transnational Perspectives on Equality Law is scheduled for Sunday, June 22 through Tuesday, June 24 2014 in downtown Washington, DC. Guy-Uriel E. Charles, Duke University School of Law, is Chair of the Planning Committee which also includes Timothy A. Canova, Nova Southeastern University Shepard Broad Law Center; Richard T. Ford, Stanford Law School; Reva B. Siegel, Yale Law School; and Julie C. Suk, Benjamin N. Cardozo School of Law Yeshiva University. The Planning Committee describes the workshop below.
Antidiscrimination law is an American invention that has spread all around the world. During the American civil rights movement of the 1960s, antidiscrimination law promised radical social transformations towards equality for women and minorities in the workplace, in politics, and in education. But recent developments in Equal Protection and Title VII doctrine have paralyzed this trajectory. Meanwhile, the last decade has seen the unprecedented globalization of antidiscrimination law, as well as its expansion and alternative development outside the United States, catalyzed largely by the European Union's two directives in 2000, on race equality and on equal treatment in employment. Over the last few years, a new body of equality law and policy experimentation has emerged not only in the EU and in European countries, but also in South Africa, Canada, Latin America, and Asia. There is a range of public policies adopted to mitigate the disadvantages of vulnerable groups such as racial, ethnic, and religious minorities, women, the disabled, the elderly, and the poor, constituting an "equality law" that goes beyond norms prohibiting discrimination.
At the same time, antidiscrimination law in the United States seems to be changing. U.S. Supreme Court decisions over the last several years (Ricci v. DeStefano, Parents Involved in Community Schools v. Seattle School District, Wal-Mart v. Dukes, and Shelby County v. Holder) have signaled the end of antidiscrimination law as envisioned by the civil rights movement in the United States. In response, there is growing scholarly interest in finding new approaches to the persistent problem of structural inequality. Comparative reflection is a productive tool, particularly when energy and optimism surrounds the trajectory of antidiscrimination law and equality policy outside of the United States. Now that there is over a decade's worth of new antidiscrimination activity in the EU countries following the 2000 equality directives, the time is ripe for scholarly reflection and evaluation of these developments. From an intellectual, practical, and strategic perspective, antidiscrimination scholars in the United States can no longer ignore developments in antidiscrimination law in other countries.
While a growing number of American legal scholars are lamenting the limits of antidiscrimination law, the recent growth of this body of law outside of the United States has largely gone unnoticed. The central purpose of this mid-year meeting is to widen the comparative lens on U.S. equality law - its failures, its achievements, and its potential - across a variety of subject areas. The meeting will provide a unique and much-needed opportunity to bring together scholars from various fields - constitutional law, employment discrimination law, comparative law, comparative constitutional law, election law, education law - to deepen and enrich the scholarship and teaching of equality. The meeting will also provide a unique opportunity for U.S. scholars to interact with a wide, varied, and stimulating group of antidiscrimination scholars working around the world.
Additionally, law schools are increasingly making their curricula more transnational and comparative. This conference will assist teachers in integrating comparative perspectives to illuminate constitutional law, employment discrimination law, employment law, and other traditional subjects.
This Workshop will explore a number of critical questions including what is at stake in looking comparatively when doing equality law; how affirmative action is understood in other legal systems; understanding disparate impact, accommodation, and positive rights. There will be discussions of religion, profiling, and equality and social movements. Transnational perspectives on equality law will be a greater component of antidiscrimination scholarship going forward. This meeting should not be missed.