{"title":"Lender Discrimination, Black Churches, and Bankruptcy","authors":"Pamela Foohey","doi":"10.2139/SSRN.2700316","DOIUrl":"https://doi.org/10.2139/SSRN.2700316","url":null,"abstract":"Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide. Why are Black Churches filing under chapter 11 more so than other churches? Reorganization allows businesses to restructure their debts. However, creditors may consensually agree to debt modifications, obviating the need for the expensive and time-consuming reorganization process. Combining insights from my interviews with 76 bankruptcy attorneys who represented religious organizations and 45 leaders of religious organization debtors, with studies detailing discrimination against blacks in financial transactions, the Article posits one reason: Lenders may have charged Black Churches more for credit and denied Black Churches’ loan modification requests, leading these churches to file chapter 11 to achieve restructurings. In support of this explanation, the Article raises and rejects other reasons as fully explanatory of the disparity: denomination, location, financial resources, and the churches’ internal governance, financial decisions, and views about bankruptcy. It also analyzes legal actions that may provide more evidence of whether Black Churches’ bankruptcy filings stem from lenders’ conduct, and if so, redress for the discriminatory practices. The Article ends by discussing the disparity’s implications for bankruptcy and communities.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134408110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Impact of the EU on Equal Pay in Ireland","authors":"M. Lyons","doi":"10.2139/ssrn.2442371","DOIUrl":"https://doi.org/10.2139/ssrn.2442371","url":null,"abstract":"This paper discusses and analyses the impact of EU non-discrimination law, specifically gender related non-discrimination law at Member State level. In particular, the paper focuses on the specific area of gender related non-discrimination law that is concerned with equal pay. As a result, the central focus of this paper is assessing the impact of European Union (EU) policy on the area of equal pay at Member State level. To do this, this paper has chosen Ireland as a case study. Ireland is an interesting case to study the impact of non-discrimination law in the area of equal pay, as, when Ireland joined the EU, it was a conservative, patriarchal society that was heavily influenced by the teachings of the Catholic Church. Ireland thus acts as a research site in order to gauge the impact of EU pay related gender non-discrimination law in a country that in many ways was not ready for the changes that EU legislation brought. This analysis is done from a political science perspective that uses Europeanization as a theoretical model which allows for the analysis of the impact of EU policy at domestic level. Due to this discussion and analysis we can begin to answer the question of whether or not EU legislative initiatives have led to Europeanization of the area of equal pay in Ireland.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121099341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"At the Tipping Point: Race and Gender Discrimination in a Common Economic Transaction","authors":"Lu-in Wang","doi":"10.2139/ssrn.2224143","DOIUrl":"https://doi.org/10.2139/ssrn.2224143","url":null,"abstract":"This Article examines the ubiquitous, multibillion dollar practice of tipping as a vehicle for race and gender discrimination by both customers and servers and as a case study of the role that organizations play in producing and promoting unequal treatment. The unique structure of tipped service encounters provides plenty of opportunities and incentives for the two parties to discriminate against one another. Neither customers nor servers are likely to find legal redress for the kinds of discrimination that are most likely to occur in tipped service transactions, however, because many of the same features of the transaction that promote discrimination also stand in the way of legal accountability for the discrimination that results. Moreover, while tipped service transactions directly involve just the customer and server, they take place within an organizational framework that is created by a third party in their relationship, the firm that sells to the customer and employs the server. That framework often facilitates discriminatory bias in the decisions of customers and servers and encourages the firm to make decisions that reinforce the discriminatory dynamics of the service encounter. Yet, the “triangular” structure of the relationship among firm, customer, and server both obscures the firm’s role in producing discriminatory outcomes and protects the firm against liability to either of the other parties. Close examination of discrimination in tipped service encounters reveals the importance of an understanding of discrimination that lessens the focus on individual decision making and supports recent calls for a newer, structural approach to antidiscrimination law.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129694990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reversing Induced Discrimination: Mechanism Design and Experiment","authors":"A. Knott","doi":"10.2139/ssrn.2463763","DOIUrl":"https://doi.org/10.2139/ssrn.2463763","url":null,"abstract":"Research has shown that the higher penalties for discrimination under the Civil Rights Act of 1991 appear to have induced hiring discrimination. This occurs because employers use the proxy of protected group membership to identify high litigation risk employees in the absence of reliable indicators of true risk. This paper develops and tests a mechanism to reverse the induced discrimination. The mechanism creates a reliable signal of litigation risk to replace the imperfect proxy of protected group membership. This allows employers to reduce litigation risk without discriminating against protected groups. Experimental results indicate that the mechanism behaves as theory predicts. Accordingly, use of the mechanism could restore race/gender-blind hiring.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129646097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Minority Business Enterprise Programmes in the United States of America: An Empirical Investigation","authors":"Martin J. Sweet","doi":"10.1111/j.1467-6478.2006.00353.x","DOIUrl":"https://doi.org/10.1111/j.1467-6478.2006.00353.x","url":null,"abstract":"Affirmative action in the United States has generated no shortage of academic, legal, and popular analysis. Yet few ever ask, let alone test, the most fundamental question about affirmative action - whether it actually works. This article provides an historical overview of affirmative action in the United States, briefly reviews its legal status, and then tests the effectiveness of one type of affirmative action in three American cities between 1981 and 2000. It finds that affirmative action in government contracting does not significantly increase minority employment and is statistically insignificant in eradicating discrimination in contracting.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122312119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ruthann Robson: An Annotated Bibliography 1979-2005","authors":"Sanja Zgonjanin","doi":"10.31641/CLR080231","DOIUrl":"https://doi.org/10.31641/CLR080231","url":null,"abstract":"Ruthann Robson is a law professor at the City University of New York (CUNY) School of Law, essayist, fiction writer, poet and one of the leading advocates of lesbian legal theory. This annotated bibliography provides a comprehensive descriptive guide to Professor Ruthann Robson's writings covering the period from 1979 to 2005. It includes legal works, literary works, poetry, conversations, book reviews, columns and essays and video and audio recordings.","PeriodicalId":134519,"journal":{"name":"LSN: Discrimination Law (Topic)","volume":"259 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124249858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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