Alternative Grounds: Epstein's Discrimination Analysis in Other Market Settings

Ayres, Ian

Journal: San Diego Law Review

Volume: 31

First Page: 67

Year: 1994

Bluebook Citation: 31 SAN DIEGO L. REV. 67 (1994)

Author: Ian M. Ayres: all 65 publications


Abstract

This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.

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