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Directions in Sexual Harassment Law

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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.

752 pages, Hardcover

First published November 1, 2003

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About the author

Catharine A. MacKinnon

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Catharine A. MacKinnon is the Elizabeth A. Long Professor of Law at the University of Michigan and the James Barr Ames Visiting Professor of Law at Harvard Law School (long-term). She holds a BA from Smith College, a JD from Yale Law School, and a PhD in political science from Yale, and specializes in sex equality issues under international and domestic (including comparative and constitutional) law.

Prof. MacKinnon pioneered the legal claim for sexual harassment and, with Andrea Dworkin, created ordinances recognizing pornography as a civil rights violation and the Swedish model for abolishing prostitution. The Supreme Court of Canada has largely accepted her approaches to equality, pornography, and hate speech, which have been influential internationally as well. Representing Bosnian women survivors of Serbian genocidal sexual atrocities, she won with co-counsel a damage award of $745 million in August 2000 in Kadic v. Karadzic under the Alien Tort Act, the first recognition of rape as an act of genocide.

(source: law.umich.edu)

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