Law in Contemporary Society

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PeterCavanaughFirstPaper 4 - 05 Apr 2010 - Main.EbenMoglen
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Airline Policies Discriminating Due to Body Size Need Reform

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 -- By PeterCavanaugh - 24 Feb 2010
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line:
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Most of this material could be edited down significantly: the problem can be stated quickly, with reference to the published accounts on which you are drawing. Time spent dealing with insubstantial justifications is wasted: a business's desire to avoid disputes with customers even if that means declining some custom needs no particular justification.

What needed to be discussed, and receives no discussion, is what legal principles you have to support your call for action. Airlines are no longer comprehensively regulated in their market relations with passengers, and such regulation as exists is almost all for the airlines' benefit. There is no obligation on the airlines, so far as I know, to carry any passenger at any price, and so long as they observe the requirements of relevant federal civil rights law, which has nothing to offer to people discriminated against on the basis of body size (unless that body size qualifies as a disability), I'm not sure where the legal leverage is to be found.

That political leverage comes from the increasing weight of average Americans is doubtful, given the substantial public derision directed at "overweight" people. If the airlines choose to place additional charges on those who cannot fit within a double-extended seat belt or between the uprights, people who are presently paying extra money to check their bags are unlikely to intervene.

So, in the end, I'm surprised that you think anything is going to happen, and I think it might be helpful to take another look at explaining more clearly why.

 
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Revision 4r4 - 05 Apr 2010 - 20:07:03 - EbenMoglen
Revision 3r3 - 27 Feb 2010 - 17:02:32 - PeterCavanaugh
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