In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.
Thomas Trelogan, Steve Mazurana, and Paul Hodapp,
Can't We Enlarge the Blanket and the Bed - A Comparative Analysis of Positive/Affirmative Action in the European Court of Justice and the United States Supreme Court,
28 Hastings Int'l & Comp. L. Rev. 39
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol28/iss1/3