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Legal Concepts

2022· book-chapter· en· W4317369019 on OpenAlex
Sandra Fredman

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

Venuenot available
Typebook-chapter
Languageen
FieldSocial Sciences
TopicDiscrimination and Equality Law
Canadian institutionsnot available
Fundersnot available
KeywordsScrutinyPerspective (graphical)Disparate treatmentDisparate impactSection (typography)Political scienceLaw and economicsPositive economicsEpistemologyLawSociologyBusinessEconomicsSupreme courtComputer sciencePlaintiff

Abstract

fetched live from OpenAlex

Abstract This chapter develops an understanding of direct discrimination (disparate treatment) and indirect discrimination (disparate impact) in different jurisdictions, and examines the extent to which they can achieve the four-dimensional understanding of equality. Although judges have described direct discrimination as relatively simple, courts have disagreed on some of its basic elements, particularly the role of motive or intention and whether and how direct discrimination can be legitimately justified. In whatever form, it remains limited by its adherence to the principle that likes should be treated alike, for example because of the need for a comparator; and the possibility of responding to a breach by treating everyone equally badly. These issues are explored in Section II. Section III critically assesses indirect discrimination from a comparative perspective across the jurisdictions highlighted in this book and its relationship with direct discrimination. Here, too, it examines the role of intention, how disparate impact is measured, and the standards of scrutiny to justify indirect discrimination, as well as examining the aims and objectives of the concept. Section IV examines ways in which different jurisdictions have relaxed the boundaries between the two concepts, paying particular attention to Canada, the EU, and the ECHR.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.878
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.2360.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.077
GPT teacher head0.378
Teacher spread0.301 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Quick stats

Citations1
Published2022
Admission routes1
Has abstractyes

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