Directions in sexual harassment law / edited by Catharine A. MacKinnon and Reva B. Siegel.

Format:

Book

Contributor:

MacKinnon, Catharine A.

Siegel, Reva B., 1956-

Language:

English

Subjects (All):

Sexual harassment--Law and legislation--United States.

Sexual harassment.

Sexual harassment--Law and legislation.

Physical Description:

1 online resource (747 p.)

Edition:

1st ed.

Place of Publication:

New Haven : Yale University Press, c2004.

Language Note:

English

Summary:

When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. 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. 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 past quarter century.

Contents:

Directions in Sexual Harassment Law

Front matter

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 Women's 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 ''Because of Sex''

12. What's 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: Who's 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 ''Private'' Wrongs: Sexual Harassment and the Violence Against Women Act

31. Why Doesn't He Leave? Restoring Liberty and Equality to Battered Women

Part VII. Transnational Perspectives

32. Dignity, Respect, and Equality in Israel's 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: India's Problematic Route to Sexual Harassment Law

37. Sexual Harassment: An International Human Rights Perspective

Afterword

List of Contributors

Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786611735067

9781281735065

128173506X

9780300135305

0300135300

OCLC:

923590917