Faculty Bibliography
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This Article traces how and why the First Amendment has gone from a shield of the powerless to a sword of the powerful in the past hundred years. The central doctrinal role of “content neutrality” and “viewpoint neutrality” in this development is analyzed; the crucial tipping points of anti-Semitism, in Collin v. Smith, and pornography, in Hudnut v. American Booksellers, are identified. The potential for substantive equality to promote freedom of speech is glimpsed.
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The distinction between formal and substantive equality is theorized then illustrated by sexual harassment law in the United States and in international legal developments. The convergence of sexual harassment concepts with prostitution, hence of sex discrimination law with the Nordic/Equality Model, is explained and explored.
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Feminist legal scholar, writer, teacher, and activist Catharine A. MacKinnon discusses the #MeToo movement with Durba Mitra. They discuss the genesis of sexual harassment law; the relationship between the law and social movements; the particular vulnerabilities faced by women of color, immigrant women, and trans people; contemporary applications of Title IX; and harassment in international law.
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The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here—many published for the first time—provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public—for example, the analysis of substantive equality. Others urge changes that have yet to be realized.The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.
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This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities.
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Catherine A. MacKinnon, Are Women Human? And Other International Dialogues (Harv. Univ. Press 2007).
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Catharine A. MacKinnon. are women human ? And Other International Dialogues CATHARINE A... MABKINNIJN are women human? and other international dialogues. Front Cover.
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Catharine A. MacKinnon, Defining Rape Internationally: A Comment on Akayesu, 44 Colum. J. Transnat'l L. 940 (2006).
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Delivering equality rights through family law to women of disadvantaged religious minorities under the Constitution of India and international law is undertaken. The legal model of equality predicated on sameness and difference, predominant around the world, is criticized. An alternative model addressing dominance and subordination—ordinal hierarchy—is developed and illustrated through discussion of the Supreme Court of India's jurisprudence. Their failure to apply this model to family law is identified, and a new solution to the difficult problem of guaranteeing sex equality rights to Muslim women under India's “personal laws” is proposed.
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In the past twenty-five years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she “has made it easier for other women to seek justice.” This collection, the first since MacKinnon’s celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women. By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women’s actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.
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Catharine A. MacKinnon, Pornography as Trafficking, 26 Mich. J. Int'l L. 993 (2005).
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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.
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Sexual assault is a practice of sex inequality. It is not generally addressed as such by law, including criminal law, and should be.
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MacKinnon responds that her theory, while not liberalism in denial or disguise, is engaged in dialogue with liberalism (as well as with other theoretical traditions).
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Catharine A. MacKinnon, The Logic of Experience: Reflections on the Development of Sexual Harassment Law, 90 Geo. L.J. 813 (2002).
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Catharine A. MacKinnon, Disputing Male Sovereignty: On United States v. Morrison, 114 Harv. L. Rev. 135 (2000).
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This book covers the hearings in Minneapolis, Indianapolis, Los Angeles, and Massachusetts.
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MacKinnon contends that pornography, racial and sexual harassment, and racial hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such.
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Catharine A. MacKinnon, Pornography Left and Right, 30 Harv. C.R.-C.L. L. Rev. 143 (1995).
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Catharine A. MacKinnon, Vindication and Resistance: A Response to the Carnegie Mellon Study of Pornography in Cyberspace, 83 Geo. L.J. 1959 (1995).
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Catharine A. MacKinnon, Feminist Approaches to Sexual Assault in Canada and the United States - A Brief Retrospective, in Challenging Times: The Women's Movement in Canada and the United States (Constance Backhouse & David H. Flaherty eds., 1992).
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Catharine A. MacKinnon, Pornography as Defamation and Discrimination, 71 B.U. L. Rev. 793 (1991).
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An analysis of the legal status of women includes discussions of discrimination, rape, sexual harassment, and pornography
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Catharine A. MacKinnon, Pornography, Civil Rights, and Speech, 20 Harv. C.R.-C.L. L. Rev. 1 (1985).
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Sexual harassment of working women has been widely practiced and systematically ignored.