• Login
    View Item 
    •   Home
    • Yale Law School Journals
    • Yale Law and Policy Review
    • View Item
    •   Home
    • Yale Law School Journals
    • Yale Law and Policy Review
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Stereotypic Alchemy: Transformative Stereotypes and Antidiscrimination Law

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    11_7YaleL_PolyRev251_1989_.pdf
    Size:
    1.334Mb
    Format:
    PDF
    Download
    Author
    Morris, Madeline
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/17400
    Abstract
    As the legal mechanisms supporting the antidiscrimination principle have developed, a system of heightened judicial protection for disempowered minorities or "suspect classes" has emerged as a powerful tool. Legally recognized suspect classes include classes defined by the characteristics of race, ethnicity, and, to somewhat lesser extents, gender, alienage, and illegitimacy. American law has made great strides in recognizing and protecting suspect classes defined by a single characteristic (such as race), and also in protecting "double-suspect classes," that is, classes defined by a combination of suspect characteristics (such as race and gender). A significant problem still remains, however, regarding the appropriate legal response to cases that involve a combination of suspect and non-suspect characteristics. For example, a claim of discrimination against overweight women would involve a combination of gender, a suspect characteristic, and weight, a non-suspect characteristic. The thesis of this Current Topic is that an ostensibly non-suspect characteristic may be transformed, through a process of stereotyping, into a vehicle for discrimination against a suspect class. For instance, stereotypic images of women may dictate a narrower range of acceptable body weights for women than for men, and women whose weight exceeds the acceptable range may suffer a form of stigmatization distinct from that suffered by overweight men. In such a case, the non-suspect characteristic, weight, is transformed into a discriminatory criterion.
    Collections
    Yale Law and Policy Review

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.