Laura Carlson

Peculiar restrictions: Restraints on women's employment in Sweden

Restrictions on the employment of women have historically fallen within three categories: work in dangerous environments, night-shift work and working after/during a pregnancy. EU directive 92/85/ EEC addresses each of these categories. Sweden was found to be in violation of the third prong, despite the demonstrable practice of women taking leave after giving birth. The directive and its implementation raises the question of whether the legislation is actually beneficial to women or, instead, simply a continuation of an historical treatment of women as objects of guardianship. The EU Commissions view of the directive, and its implementation in Sweden, forces Sweden to take a step backwards with respect to its position of parental leave being a right instead of an obligation.

Comparative Discrimination Law

Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.

Racism under the Law: rethinking the Swedish approach through a critical race theory Lens

One of the major focuses of European Union law is combating discrimination in order to ensure equal participation in society for all Union citizens. Coming to grips with racism through the law, and the use of the term «race», is problematic for many societies and within the EU, has been left to the member states to resolve in a manner consistent with the traditions and legal systems of the member states. This article examines the Swedish approach to the use of the term «race» through the lens of Critical Race Theory (CRT). This legal theory explains many of the inconsistencies in the Swedish legal approach to racial discrimination. The most dramatic of these inconsistencies as examined here are those with respect to the intent of the Swedish (and EU) legislator and the case law in which the Swedish Labour Court has consistently not found racial or ethnic discrimination in working life.

Sweden: At the Cusp of Legal Internationalization

Sweden is both moving forward and remaining stagnant with respect to the internationalization of the Swedish legal education. Politicians have clearly stated a desire for Sweden to be a world leader in education, entailing an internalizing of internationalization, while at the same time, the legal education has demonstrated a strong amount of inertia in these issues. English has been a strong second language for the Swedish population for decades, but actually stepping outside the Swedish legal system has not been as easily embraced. However, a movement towards a more international perspective can be detected, propelled in part by EU membership in 1995, Erasmus exchange programs, and a desire by some of the younger universities to attract strong students. The landscape with respect to the internationalization of the Swedish legal education will most likely be radically different in 10 years, with a greater emphasis placed on Sweden’s part in the world.

Virtual teachers – A copyright paradox?

The modern methods for recording and disseminating a teacher’s oral performance can quite simply result in conflicting interests, and alternative education methods involving virtual learning has led to controversy among faculty and teachers. From the perspective of teachers, the recording of lectures can both be disturbing for the actual lecture as well as the fact that a teacher’s future influence as to the result and its dissemination is decreased. From the perspective of the university as employer, the recording can be seen as a good way through which to develop teaching and attract students to the university.