Workplace sexual harassment 30 years on : a review of the literature

Despite its proscription in legal jurisdictions around the world, workplace sexual harassment (SH) continues to be experienced by many women and some men in a variety of organizational settings. The aims of this review article are threefold: first, with a focus on workplace SH as it pertains to management and organizations, to synthesize the accumulated state of knowledge in the field; second, to evaluate this evidence, highlighting competing perspectives; and third, to canvass areas in need of further investigation. Variously ascribed through individual (psychological or legal consciousness) frameworks, sociocultural explanations and organizational perspectives, research consistently demonstrates that, like other forms of sexual violence, individuals who experience workplace SH suffer significant psychological, health- and job-related consequences. Yet they often do not make formal complaints through internal organizational procedures or to outside bodies. Laws, structural reforms and policy initiatives have had some success in raising awareness of the problem and have shaped rules and norms in the employment context. However, there is an imperative to target further workplace actions to effectively prevent and respond to SH.

When Japanese law goes pop

This article explores the extent to which the growth in law-themed popular culture since the turn of the century, especially television shows, signals a shift in popular attitudes towards law. Four decades of research into Japanese legal consciousness has called into question the extent to which there is a Japanese cultural aversion to Jaw, with most scholars expressing doubt over whether culture properly explains the comparatively low litigation rates in Japan compared to other industrialised nations. This article argues that popular culture, although not without its limitations, offers new clues into how legal consciousness is developing and changing in 21st Century Japan. The article concludes that popular culture paints a picture of a greater readiness by Japanese people to engage with Jaw, although scepticism remains about the law's promise to achieve justice and social solidarity.

Consciências do direito: um estudo sobre as compreensões da legalidade no contexto do projeto Nova Luz em São Paulo

Este é um estudo empírico e qualitativo que pretende investigar a operação do direito e o processo de sua construção social, através das formas e práticas discursivas pelos quais ele se apresenta no contexto de um projeto de renovação urbana em São Paulo. Argumenta-se que o direito ajuda a organizar e dar sentido às narrativas que pessoas desenvolvem nesse e sobre esse contexto específico e que tais narrativas participam ativamente da construção de compreensões da legalidade. O trabalho descreve os desenvolvimentos do projeto Nova Luz, um projeto de renovação do centro da cidade de São Paulo, entre 2005 e 2012. No contexto desse projeto, a pesquisa desenvolve a análise de relatos colhidos em entrevistas semiestruturadas realizadas com pessoas que vivem, moram, trabalham, são proprietários ou estiveram intensamente envolvidas com a iniciativa do governo municipal. As experiências e os relatos locais desse cenário urbano estruturam três tipos de consciência do direito: diante do direito, com o direito e contra o direito. Esquemas interpretativos que traduzem formas pelas quais os indivíduos participam na construção social da legalidade, isto é, diferentes compreensões e maneiras pelas quais os indivíduos posicionam o direito e se posicionam em relação a ele. O trabalho, portanto, desenvolve uma interpretação prática do direito através da abordagem do contexto local, e uma leitura do contexto local por meio do elemento jurídico. Representando esse último na forma de operações interpretativas contextuais, a pesquisa propõe uma visão do direito tal um dado inseparável de como um pensa, interpreta e vive a experiência social.

Educating law students for rural and regional legal practice: embedding place consciousness in law curricula

As with other professions, the declining rates of recruitment and retention of lawyers in rural and regional Australia is of significant concern. Whilst the causes of this vary between communities, common depictions of the rural and regional lawyer’s role indicate that employment as a lawyer in such areas is characterised by unique personal and professional challenges. Nonetheless, employment as a rural and regional lawyer also offers practitioners rewarding opportunities and lifestyle benefits. Research from other disciplines indicates that the challenges inherent in rural and regional professional practice may be alleviated, and benefits more easily harnessed, via place conscious discipline-specific curriculum that sensitises tertiary students to, and prepares them for, the rural and regional career context.Largely oriented towards substantive content to satisfy external accrediting bodies, undergraduate legal education does not typically acknowledge the ‘places’in which graduates will practice as professionals. This article argues however that there is scope to incorporate place within legal education, and documents an innovative curriculum development project which embeds place consciousness to better prepare law students for employment in rural and regional legal practice.Drawing upon methods from other disciplines, the project team designed a curriculum package which aims to sensitise students to the rural and regional legal practice context, and equip them with the skills to overcome challenges and take advantage of the opportunities available in a rural or regional professional career.

Restrictive and Expansive Views of Equality: A Grounded Theory Study that Explores the Influence of Racial Consciousness on the Behaviors of White Faculty in the Classroom

Attempts to address the ever increasing achievement gap among students have failed to explain how and why educational traditions and teaching practices perpetuate the devaluing of some and the overvaluing of others. This predicament, which plagues our educational system, has been of increased concern, given the growing racial diversity among college students and the saturation of White faculty in the academy. White faculty make up the majority, 79%, of all faculty in the academy. White faculty, whether consciously or unconsciously, are less likely to interrogate how race and racism both privilege them within the academy and influence their faculty behaviors. The result of this cyclical, highly cemented process suggests that there is a relationship between racial consciousness and White faculty members' ability to employ behaviors in their classroom that promote equitable educational outcomes for racially minoritized students. An investigation of the literature revealed that racial consciousness and the behaviors of White faculty in the classroom appeared to be inextricably linked. A conceptual framework, Racial Consciousness and Its Influence on the Behaviors of White Faculty in the Classroom was developed by the author and tested in this study. Constructivist grounded theory was used to explore the role White faculty believe they play in the dismantling of the white supremacy embedded in their classrooms through their faculty behaviors. A substantive theory subsequently emerged. Findings indicate that White faculty with a higher level of racial consciousness employ behaviors in their classroom reflective of a more expansive view of equality in their pursuit of social justice, which they consider synonymous with excellence in teaching. This research bears great significance to higher education research and practice, as it is the first of its kind to utilize critical legal scholar Kimberlé Crenshaw's (1988) restrictive and expansive views of equality framework to empirically measure and describe excellence in college teaching. Implications for faculty preparation and continued education are also discussed.

Perpetuating Racism: Legal Education, Race and Social Justice

By presenting the results of a content analysis of Australian undergraduate legal education, this paper examines the extent to which issues of race, ethnicity, discrimination, and multiculturalism feature within this component of the moral, ethical, and professional development of legal professionals. It will demonstrate that instead of encouraging a deep, critical and contextual understanding of such issues, legal education provides a relatively superficial one, which has important implications for the role that legal professionals play in overcoming injustices such as institutional racism, and the kinds of social reform that they are likely to undertake.

From the consciousness industry to the creative industries : consumer-created content, social network markets, & the growth of knowledge

In studies of media industries, too much attention has been paid to providers and firms, too little to consumers and markets. But with user-created content, the question first posed more than a generation ago by the uses & gratifications method and taken up by semiotics and the active audience tradition (‘what do audiences do with media?’), has resurfaced with renewed force. What’s new is that where this question (of what the media industries and audiences did with each other) used to be individualist and functionalist, now, with the advent of social networks using Web 2.0 affordances, it can be re-posed at the level of systems and populations as well.

The function of property in creating an effective legal regime for trade in environmental offsets

Market-based environmental regulation is becoming increasingly common within international and national frameworks. Environmental offset and trading regimes are part of the market-based instrument revolution. This paper proposes that environmental market mechanisms could be used to introduce an ethic of land holder responsibility. In order for market based regimes to attract sufficient levels of stakeholder engagement, participants within such scheme require an incentive to participate and furthermore need to feel a sense of security about investing in such processes. A sense of security is often associated with property based interests. This paper explores the property related issues connected with environmental offset and trading scheme initiatives. Relevant property-related considerations include land tenure considerations, public versus private management of land choices, characteristics and powers associated with property interests, theories defining property and the recognition of legal proprietal interests. The Biodiversity Banking Scheme in New South Wales is then examined as a case study followed by a critique on the role of environmental markets.

Security and legal issues in E-tendering

The Queensland Department of Public Works (QDPW) and the Queensland Department of Main Roads (QDMR) have identified a need for industry e-contracting guidelines in the short to medium term. Each of these organisations conducts tenders and contracts for over $600 million annually. This report considers the security and legal issues relating to the shift from a paper-based tendering system to an electronic tendering system. The research objectives derived from the industry partners include: • a review of current standards and e-tendering systems; • a summary of legal requirements impacting upon e-tendering; • an analysis of the threats and requirements for any e-tendering system; • the identification of outstanding issues; • an evaluation of possible e-tendering architectures; • recommendations for e-tendering systems.