Creating Peer Sexual Harassment
Mobilizing Schools to Throw the Book at Themselves
Bibliographic Data
| ID | 6090633 |
|---|---|
| Authors | Jodi L Short (0000-0002-0061-1966, Georgetown University, corresponding author) |
| Year | 2006 |
| Volume | 28 |
| Issue | 1 |
| Pages | 31-59 |
| Publication date | 2006-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.2005.00216.x |
| OpenAlex | W2106654631 |
| Language | EN |
| Citations received | 7 |
| References cited | 16 |
This paper describes how peer‐to‐peer sexual harassment rapidly was transformed from an unremarkable reality of secondary school life into a serious social and legal problem. First, it shows how organizations and professionals served as an entry point for social change and legal mobilization. I argue that schools were quick to address peer sexual harassment because activists framed it as a moral and pedagogical issue that resonated with educators’ deeply held professional values. Second, the paper shows how law and organizations developed endogenously. Without any legal mandate, schools created and institutionalized harassment policies. Courts then looked to these organizational practices to determine the content and scope of Title IX. In this way, schools literally “enacted” the law through their practices. This finding goes beyond previous work on endogeneity in that school policies influenced law at the level of doctrine, not simply at the level of meaning, enforcement, or application
Doctrine · Enforcement · Harassment · Legal doctrine · Mandate · Meaning (existential · Political science · Public relations · Sociology · Gender Diversity and Inequality · Gender Politics and Representation · Law · Psychology
Reflections, research, and implications of decades of activism by educators to create a movement to address sexual harassment in K‐12 schools in the United States
Sex-Based Harassment and Symbolic Compliance
Competing Normative Frameworks and the Limits of Deterrence Theory
The politics of regulatory enforcement and compliance
Changing Perceptions of Sexual Harassment in the Federal Workforce, 1987–94
The Privatization of Public Legal Rights
The Availability of Law Redux
The Common Place of Law
Introduction
Cultural Analysis, Cultural Studies, and the Situation of Legal Scholarship
Culture, ideology, and strategic framing
Comparative Perspectives on Social Movements
Professional Construction of Law
The Precedent That Wasn't
Internal Dispute Resolution
Diversity Rhetoric and the Managerialization of Law
The Legalization of the Workplace
Legal Ambiguity and Symbolic Structures
Institutionalized Organizations
The Endogeneity of Legal Regulation
The Strength of a Weak State
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,35 |
| Citation span | 2006 - 2023 (18) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 7 |