Workplace harassment law is infected with moral hazards that shelter accused harassers from many of the risks associated with harassment. This Article is the first to explicate those moral hazards and theorize how to eradicate them. Foremost, it presents new empirical data showing that imposing statutory harasser liability across several jurisdictions has not materially deterred harassment. It then argues that workplace harassment law and its enforcement are to blame for such suboptimal deterrence because they acquiesce in employers shielding accused harassers from risks via indemnification, hold harmless, defense, and insurance arrangements. The Article goes on to expose a free rider problem that results from employer-funded settlements in a world where employers’ and accused harassers’ liability travel hand in hand. Subsequently, it contextualizes these moral hazards within law and economics literature and tort law’s optimal deterrence theory. Through those lenses, it resolves that law reform ought to prioritize the imposition of individualized, non-transferable risks on accused harassers. Finally, this Article considers how public ordering might assail these moral hazards and achieve that ideal. It compares and contrasts statutory and common-law harasser liability, explaining why statutory liability would achieve optimal deterrence. Subsequently, it explores articulations of public policy against insurance for intentional actions, applies that public policy to harasser risk shields, and makes the case for an ensuing interdiction of harasser risk shields by administrative agencies. Lastly, and assuming arguendo that harasser liability exists and harasser risk shields do not, it considers a proposal to reduce employers’ liability for hostile work environment claims, thereby decreasing opportunities for survivors to secure restitution, but reducing employer-funded settlements that inure to the benefit of accused harassers, mitigating against the free rider problem, and forcing harassers themselves to bear the brunt of the risks associated with harassment. In summary, this Article exposes the moral hazards of workplace harassment law, contextualizes them within social sciences scholarship, and explores how law reform efforts might eradicate them.
{"title":"The Moral Hazards of Workplace Harassment Law","authors":"Ryan H. Nelson","doi":"10.2139/ssrn.3833129","DOIUrl":"https://doi.org/10.2139/ssrn.3833129","url":null,"abstract":"Workplace harassment law is infected with moral hazards that shelter accused harassers from many of the risks associated with harassment. This Article is the first to explicate those moral hazards and theorize how to eradicate them. Foremost, it presents new empirical data showing that imposing statutory harasser liability across several jurisdictions has not materially deterred harassment. It then argues that workplace harassment law and its enforcement are to blame for such suboptimal deterrence because they acquiesce in employers shielding accused harassers from risks via indemnification, hold harmless, defense, and insurance arrangements. The Article goes on to expose a free rider problem that results from employer-funded settlements in a world where employers’ and accused harassers’ liability travel hand in hand. Subsequently, it contextualizes these moral hazards within law and economics literature and tort law’s optimal deterrence theory. Through those lenses, it resolves that law reform ought to prioritize the imposition of individualized, non-transferable risks on accused harassers. Finally, this Article considers how public ordering might assail these moral hazards and achieve that ideal. It compares and contrasts statutory and common-law harasser liability, explaining why statutory liability would achieve optimal deterrence. Subsequently, it explores articulations of public policy against insurance for intentional actions, applies that public policy to harasser risk shields, and makes the case for an ensuing interdiction of harasser risk shields by administrative agencies. Lastly, and assuming arguendo that harasser liability exists and harasser risk shields do not, it considers a proposal to reduce employers’ liability for hostile work environment claims, thereby decreasing opportunities for survivors to secure restitution, but reducing employer-funded settlements that inure to the benefit of accused harassers, mitigating against the free rider problem, and forcing harassers themselves to bear the brunt of the risks associated with harassment. In summary, this Article exposes the moral hazards of workplace harassment law, contextualizes them within social sciences scholarship, and explores how law reform efforts might eradicate them.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128984091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An exploration into the pay determinations and discrepancies between men and women in professional sports focusing on soccer, tennis, and basketball.
以足球、网球和篮球为重点的职业体育运动中男女薪酬决定因素和差异的探讨。
{"title":"Just One of the Boys: Exploring the Discrepancy Between Pay and Exposure Between Men and Women in Professional Sports","authors":"M. Ellison","doi":"10.2139/ssrn.3588954","DOIUrl":"https://doi.org/10.2139/ssrn.3588954","url":null,"abstract":"An exploration into the pay determinations and discrepancies between men and women in professional sports focusing on soccer, tennis, and basketball.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122519453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An index of diversity is developed and used to measure the racial and ethnic diversity for 4 groups—white, African American, Latino, and Asian and Pacific Islander—for 59 large urban areas in the United States for the census years from 1980 to 2010. Examination of the percentages of the populations in the groups shows large declines for whites and large increases for Latinos and Asians. Levels of diversity increase over time, with the entire distribution of the urban areas by diversity moving up consistently. All but 2 of the urban areas saw increases in their levels of diversity from 1980 to 2010. Levels of diversity are shown to be related to the size of the urban area and to the rate of population growth over time. The change in diversity is also related to the rate of population growth. An appendix lists the values for the diversity index for each of the 59 urban areas for each census year from 1980 to 2010.
{"title":"Racial and Ethnic Diversity—Why Not Measure It? Diversity in Large Urban Areas in the U.S., 1980-2010","authors":"J. Ottensmann","doi":"10.2139/ssrn.3416014","DOIUrl":"https://doi.org/10.2139/ssrn.3416014","url":null,"abstract":"An index of diversity is developed and used to measure the racial and ethnic diversity for 4 groups—white, African American, Latino, and Asian and Pacific Islander—for 59 large urban areas in the United States for the census years from 1980 to 2010. Examination of the percentages of the populations in the groups shows large declines for whites and large increases for Latinos and Asians. Levels of diversity increase over time, with the entire distribution of the urban areas by diversity moving up consistently. All but 2 of the urban areas saw increases in their levels of diversity from 1980 to 2010. Levels of diversity are shown to be related to the size of the urban area and to the rate of population growth over time. The change in diversity is also related to the rate of population growth. An appendix lists the values for the diversity index for each of the 59 urban areas for each census year from 1980 to 2010.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130770137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Religion plays a significant role in structuring and maintaining a society by enforcing certain morals and norms. Like any other religion, Hinduism has guided the Hindus to live in a particular way since time immemorial. India is predominantly a Hindu society and Hinduism has had a huge impact on the structure, function and culture of Indian societies. Ancient Hindu scriptures like the Vedas and Upanishads show profound respect for the feminine principle. It is the Supreme Being, from who all emanate. A woman is a Goddess to be worshipped. During ancient times, the condition of women was in conformity with the religion and they enjoyed freedom, equality and liberty in all spheres of life. However, subsequently, the emergence of texts like the Epics, Smritis, Sastras, vernacular writings and oral traditions, redefined an ideal woman and led to the practices where women were subservient to men. This dissonance and conflict between religious beliefs and practices has strengthened in present times, and has witnessed a steep rise in the number of crimes against women. Increasing domestic violence, sexual violation, female feticide, dowry deaths, declining ratio of women and men and the taboos (arising from having a female body, such as, menstruation) are causing not only distress but also widespread criticism and revolt among women and society at large. Despite the Indian Constitution rejecting any kind of discrimination against women and deeming it unlawful, these inhuman atrocities against women are on the rise. More than ever, there is a need to take refuge in the religion (early Vedic period), not to be too staunch, but to be flexible, democratic and liberal in our outlook with dynamic times and ever shifting contexts. This paper proposes to study (with particular reference to India), the religious beliefs in Hinduism concerning women, and the gradual discord between the beliefs and practices leading to discrimination against women in many spheres today.
{"title":"Hinduism and Women Religious Beliefs and Practices","authors":"Hari Priya Pathak","doi":"10.2139/ssrn.3434115","DOIUrl":"https://doi.org/10.2139/ssrn.3434115","url":null,"abstract":"Religion plays a significant role in structuring and maintaining a society by enforcing certain morals and norms. Like any other religion, Hinduism has guided the Hindus to live in a particular way since time immemorial. India is predominantly a Hindu society and Hinduism has had a huge impact on the structure, function and culture of Indian societies. Ancient Hindu scriptures like the Vedas and Upanishads show profound respect for the feminine principle. It is the Supreme Being, from who all emanate. A woman is a Goddess to be worshipped. During ancient times, the condition of women was in conformity with the religion and they enjoyed freedom, equality and liberty in all spheres of life. However, subsequently, the emergence of texts like the Epics, Smritis, Sastras, vernacular writings and oral traditions, redefined an ideal woman and led to the practices where women were subservient to men. This dissonance and conflict between religious beliefs and practices has strengthened in present times, and has witnessed a steep rise in the number of crimes against women. Increasing domestic violence, sexual violation, female feticide, dowry deaths, declining ratio of women and men and the taboos (arising from having a female body, such as, menstruation) are causing not only distress but also widespread criticism and revolt among women and society at large. Despite the Indian Constitution rejecting any kind of discrimination against women and deeming it unlawful, these inhuman atrocities against women are on the rise. More than ever, there is a need to take refuge in the religion (early Vedic period), not to be too staunch, but to be flexible, democratic and liberal in our outlook with dynamic times and ever shifting contexts. This paper proposes to study (with particular reference to India), the religious beliefs in Hinduism concerning women, and the gradual discord between the beliefs and practices leading to discrimination against women in many spheres today.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127140078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This volume is a collection of research papers and a tribute to all those who starting with the beginning of the 20th century have contributed to put woman into a positive light; also a result of hard work of Gender Studies section of the Research Centre for Specialized Translation and Intercultural Communication (TUCEB) and the Centre for Research, Resources and European Studies (Institutional Partnership).It consists of a collection of studies written by some specialists from different Romanian and foreign universities. The articles reflect different researches which all can be included in generous field of Feminist studies and the majority of them are reproducing the communications presented at the conference Modern Trends in Communication and Education and Translation – Bucharest June 2012 (attended by more than 140 participants at the Faculty of Technological Equipment, TUCEB, Bucharest - Romania). All the articles have in common a great admiration for the courage of those who have fight and made possible that women of contemporary society have access to all positions in politics, science and art and a keen interest for the actual status of female scientists and researchers. The studies are published in four different sections, aspect which proves the diversity of the centre activity. The first one is dedicated to political and socio-cultural aspects interfering with feminist approach, the second analysis the educational frame in which a correct gender perspective develops, the third section proposes some case studies and the forth is related to (applied) linguistics.One of the main purposes of all our research was to demonstrate how actual and diverse the field of feminine studies is in postmodern society in Romania and in other Balkan countries. Women contribution to contemporary civilization is still judged by postmodern audience and critics and the dispute concerning a correct gender perspective is still going on. Nowadays when some of former scandalous subjects (homosexuality, race differences) for are viewed in different way, in many countries women still have to fight for equal position, when in other they consider that their position has been the same since ever.We hope that this volume will contribute in a way or another to help our students, people in general to understand the contribution of Romanian researchers and the level of feminist studies in Romania.The volume was published on 10th of September, 2012 ( ISBN 978-1-4276-5377-2) - with a total number of 350 pages.
{"title":"Modern Approaches to Gender Studies Equality Through Assumed Differences","authors":"Sebastian Chirimbu, M. Alexe","doi":"10.2139/SSRN.2144125","DOIUrl":"https://doi.org/10.2139/SSRN.2144125","url":null,"abstract":"This volume is a collection of research papers and a tribute to all those who starting with the beginning of the 20th century have contributed to put woman into a positive light; also a result of hard work of Gender Studies section of the Research Centre for Specialized Translation and Intercultural Communication (TUCEB) and the Centre for Research, Resources and European Studies (Institutional Partnership).It consists of a collection of studies written by some specialists from different Romanian and foreign universities. The articles reflect different researches which all can be included in generous field of Feminist studies and the majority of them are reproducing the communications presented at the conference Modern Trends in Communication and Education and Translation – Bucharest June 2012 (attended by more than 140 participants at the Faculty of Technological Equipment, TUCEB, Bucharest - Romania). All the articles have in common a great admiration for the courage of those who have fight and made possible that women of contemporary society have access to all positions in politics, science and art and a keen interest for the actual status of female scientists and researchers. The studies are published in four different sections, aspect which proves the diversity of the centre activity. The first one is dedicated to political and socio-cultural aspects interfering with feminist approach, the second analysis the educational frame in which a correct gender perspective develops, the third section proposes some case studies and the forth is related to (applied) linguistics.One of the main purposes of all our research was to demonstrate how actual and diverse the field of feminine studies is in postmodern society in Romania and in other Balkan countries. Women contribution to contemporary civilization is still judged by postmodern audience and critics and the dispute concerning a correct gender perspective is still going on. Nowadays when some of former scandalous subjects (homosexuality, race differences) for are viewed in different way, in many countries women still have to fight for equal position, when in other they consider that their position has been the same since ever.We hope that this volume will contribute in a way or another to help our students, people in general to understand the contribution of Romanian researchers and the level of feminist studies in Romania.The volume was published on 10th of September, 2012 ( ISBN 978-1-4276-5377-2) - with a total number of 350 pages.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131022375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We exploit China's heating policy to investigate how non-labor income affects marriage. From the mid-1950s, the policy gave substantial subsidies to urban residents north of the Huai River. Applying geographic regression discontinuity, we find that, with the policy, urban men in the north married 15 months earlier than southerners. The difference is substantial compared with the average age of first marriage of 24.9 years for urban men in the south. The effect is larger for later birth cohorts, which is consistent with the progressive implementation of the policy. The effect is smaller among women, consistent with women having less power in the household than men. There is no effect among rural people, who did not benefit from the heating policy.
{"title":"Non-Labor Income and the Age of Marriage: Evidence from China's Heating Policy","authors":"Junhong Chu, Haoming Liu, I. Png","doi":"10.2139/ssrn.3249868","DOIUrl":"https://doi.org/10.2139/ssrn.3249868","url":null,"abstract":"We exploit China's heating policy to investigate how non-labor income affects marriage. From the mid-1950s, the policy gave substantial subsidies to urban residents north of the Huai River. Applying geographic regression discontinuity, we find that, with the policy, urban men in the north married 15 months earlier than southerners. The difference is substantial compared with the average age of first marriage of 24.9 years for urban men in the south. The effect is larger for later birth cohorts, which is consistent with the progressive implementation of the policy. The effect is smaller among women, consistent with women having less power in the household than men. There is no effect among rural people, who did not benefit from the heating policy.","PeriodicalId":142985,"journal":{"name":"Feminist Theory & Philosophy eJournal","volume":"41 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114226779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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