- 752 pages
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Directions in Sexual Harassment Law
About This Book
Catharine MacKinnon's work "Sexual Harassment of Working Women" had a major impact on the development of sexual harassment law. The US Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination, and other contributors discuss how law can best address sexual harassment, the importance and definition of consent and unwelcomeness, issues of same-sex harassment, questions of institutional responsibility for sexual harassment in both employment and education settings, considerations of freedom of speech, effects of sexual harassment doctrine on gender and racial justice, and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the last quarter of the 20th century.
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Table of contents
- Contents
- Preface
- Introduction: A Short History of Sexual Harassment
- Part I. Contexts
- 1. What Feminist Jurisprudence Means to Me
- 2. Perspective on Sexual Harassment Law
- 3. Alexander v. Yale University: An Informal History
- 4. Eradicating Sexual Harassment in Education
- 5. The Ecology of Justice: The Relationship Between Feminism and Critical Race Theory
- Part II. Unwelcomeness
- 6. Consensual Sex and the Limits of Harassment Law
- 7. Who Says? Legal and Psychological Constructions of Womenâs Resistance to Sexual Harassment
- 8. Subordination and Agency in Sexual Harassment Law
- 9. Sexual Labor
- 10. Unwelcome Sex: Toward a Harm-Based Analysis
- Part III. Same-Sex Harassment
- 11. Theories of Harassment ââBecause of Sexââ
- 12. Whatâs Wrong with Sexual Harassment
- 13. Sexuality Harassment
- 14. Discriminating Pleasures
- 15. Gay Male Liberation Post Oncale: Since When Is Sexualized Violence Our Path to Liberation?
- Part IV. Accountability
- 16. The Rights of Remedies: Collective Accountings for and Insuring Against the Harms of Sexual Harassment
- 17. Employer Liability for Sexual Harassment by Supervisors
- 18. Sex in Schools: Whoâs Minding the Adults?
- 19. Nooky Nation: On Tort Law and Other Arguments from Nature
- 20. Damages in Sexual Harassment Cases
- Part V. Speech
- 21. The Speech-ing of Sexual Harassment
- 22. The Collective Injury of Sexual Harassment
- 23. Sexual Harassment and the First Amendment
- 24. The Silenced Workplace: Employer Censorship Under Title VII
- 25. Pornography as Sexual Harassment in Canada
- 26. Free Speech and Hostile Environments
- Part VI. Extensions
- 27. Slavery and the Roots of Sexual Harassment
- 28. The Racism of Sexual Harassment
- 29. Coercion in At-Will Termination of Employment and Sexual Harassment
- 30. Public Rights for ââPrivateââ Wrongs: Sexual Harassment and the Violence Against Women Act
- 31. Why Doesnât He Leave? Restoring Liberty and Equality to Battered Women
- Part VII. Transnational Perspectives
- 32. Dignity, Respect, and Equality in Israelâs Sexual Harassment Law
- 33. Dignity or Equality? Responses to Workplace Harassment in European, German, and U.S. Law
- 34. French and American Lawyers Define Sexual Harassment
- 35. Sexual Harassment in Japan
- 36. The Modesty of Mrs. Bajaj: Indiaâs Problematic Route to Sexual Harassment Law
- 37. Sexual Harassment: An International Human Rights Perspective
- Afterword
- List of Contributors
- Index