The Yale Law Journal

Catharine A. MacKinnon

Forum

Reconstituting the Future: An Equality Amendment

Catharine A. MacKinnon & Kimberlé W. Crenshaw

A new constitutional amendment embodying a substantive intersectional equality analysis aims to rectify the founding U.S. treatment of race and sex and additional hierarchical social inequalities. Historical and doctrinal context and critique show why this step is urgently needed. A draft of the ame…

Feature

In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education

Catharine A. MacKinnon

The treatment of sexual harassment victims by their schools, and of schools by courts, under the institutional liability standard of deliberate indifference for damages in private suits is inconsistent with Title IX’s guarantee of equal educational outcomes on the basis of sex.…

Tribute

The Straight Road: A Tribute to Burke Marshall

Catharine A. MacKinnon

113 Yale L.J. 811 (2004)