Disability, Disparate Impact, and Class Actions

Following Title VII\u27s enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group\u27s social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act (ADA), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law. Moreover, the class action device has been virtually nonexistent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions in which individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA\u27s potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts on challenging race- and sex-based discrimination. Future workplace policies should plan for all jobs to include some physical activity unrelated to job qualifications in order to dissuade unhealthy people from coming to work at Wal-Mart

Disability, Disparate Impact, and Class Actions

Following Title VII\u27s enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group\u27s social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act (ADA), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law. Moreover, the class action device has been virtually nonexistent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions in which individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA\u27s potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts on challenging race- and sex-based discrimination. Future workplace policies should plan for all jobs to include some physical activity unrelated to job qualifications in order to dissuade unhealthy people from coming to work at Wal-Mart

Arcadia, a software development environment research project

The research objectives of the Arcadia project are two-fold: discovery and development of environment architecture principles and creation of novel software development tools, particularly powerful analysis tools, which will function within an environment built upon these architectural principles.Work in the architecture area is concerned with providing the framework to support integration while also supporting the often conflicting goal of extensibility. Thus, this area of research is directed toward achieving external integration by providing a consistent, uniform user interface, while still admitting customization and addition of new tools and interface functions. In an effort to also attain internal integration, research is aimed at developing mechanisms for structuring and managing the tools and data objects that populate a software development environment, while facilitating the insertion of new kinds of tools and new classes of objects.The unifying theme of work in the tools area is support for effective analysis at every stage of a software development project. Research is directed toward tools suitable for analyzing pre-implementation descriptions of software, software itself, and towards the production of testing and debugging tools. In many cases, these tools are specifically tailored for applicability to concurrent, distributed, or real-time software systems.The initial focus of Arcadia research is on creating a prototype environment, embodying the architectural principles, which supports Ada1 software development. This prototype environment is itself being developed in Ada.Arcadia is being developed by a consortium of researchers from the University of California at Irvine, the University of Colorado at Boulder, the University of Massachusetts at Amherst, TRW, Incremental Systems Corporation, and The Aerospace Corporation. This paper delineates the research objectives and describes the approaches being taken, the organization of the research endeavor, and current status of the work

A Historical Perspective on Runtime Assertion Checking in Software Development

This report presents initial results in the area of software testing and analysis produced as part of the Software Engineering Impact Project. The report describes the historical development of runtime assertion checking, including a description of the origins of and significant features associated with assertion checking mechanisms, and initial findings about current industrial use. A future report will provide a more comprehensive assessment of development practice, for which we invite readers of this report to contribute information

Homogeneous spaces, multi-moment maps and (2,3)-trivial algebras

For geometries with a closed three-form we briefly overview the notion of multi-moment maps. We then give concrete examples of multi-moment maps for homogeneous hypercomplex and nearly Kaehler manifolds. A special role in the theory is played by Lie algebras with second and third Betti numbers equal to zero. These we call (2,3)-trivial. We provide a number of examples of such algebras including a complete list in dimensions up to and including five

Understanding the Role of Adaptivity in Machine Teaching: The Case of Version Space Learners

In real-world applications of education, an effective teacher adaptively chooses the next example to teach based on the learner's current state. However, most existing work in algorithmic machine teaching focuses on the batch setting, where adaptivity plays no role. In this paper, we study the case of teaching consistent, version space learners in an interactive setting. At any time step, the teacher provides an example, the learner performs an update, and the teacher observes the learner's new state. We highlight that adaptivity does not speed up the teaching process when considering existing models of version space learners, such as "worst-case" (the learner picks the next hypothesis randomly from the version space) and "preference-based" (the learner picks hypothesis according to some global preference). Inspired by human teaching, we propose a new model where the learner picks hypotheses according to some local preference defined by the current hypothesis. We show that our model exhibits several desirable properties, e.g., adaptivity plays a key role, and the learner's transitions over hypotheses are smooth/interpretable. We develop efficient teaching algorithms and demonstrate our results via simulation and user studies.Comment: NeurIPS 2018 (extended version