This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
Holly B. Fechner,
Toward an Expanded Conception of Law Reform: Sexual Harassment Law and the Reconstruction of Facts,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol23/iss3/5