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Full-Text Articles in Law

In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi Jun 2024

In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi

Pepperdine Dispute Resolution Law Journal

This article comprises a firsthand account of working as a university Sexual Harassment Commissioner (SHC), a role that manifests a combination of law and advanced conflict resolution practice. It offers a working model grounded in alternative justice principles to address sexual harassment and other, similar types of conflict. The resultant therapeutic and conflict resolution approach may apply to other institutions and other areas of law and society as well. Moreover, it fits in well during the era of #MeToo, where women raised their voices to challenge grave offenses such as rape, as well as attitudes, patterns, and allegedly “small” and …


Sexual Harassment: A Doctrinal Examination Of The Law, An Empirical Examination Of Employer Liability, And A Question About Ndas— Because Complex Problems Do Not Have Simple Solutions, Michael Heise, David S. Sherwyn Jul 2021

Sexual Harassment: A Doctrinal Examination Of The Law, An Empirical Examination Of Employer Liability, And A Question About Ndas— Because Complex Problems Do Not Have Simple Solutions, Michael Heise, David S. Sherwyn

Indiana Law Journal

The #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the proposed “fixes” it has inspired. Worse still, however, is that some of the proposed fixes may prove counterproductive. This Article examines the history and development of the relevant employment laws, empirically assesses judicial holdings on the employers’ affirmative defense to liability, and argues that many employees …


Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs May 2019

Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs

Pepperdine Dispute Resolution Law Journal

This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.


Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov Feb 2018

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.


Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo Jan 2014

Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo

Maryland Law Review

No abstract provided.


Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy Nov 2012

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.


Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert Jul 2007

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.


Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt Oct 2005

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.


Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis Oct 1994

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.


Universalism And Sexual Harassment, Todd B. Adams Jan 1991

Universalism And Sexual Harassment, Todd B. Adams

Oklahoma Law Review

No abstract provided.