Foreword – Institutional Responsibility for Sex and Gender Exploitation

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Organizations are increasingly being held accountable for sex and gender exploitation perpetrated by individuals who are associated with them. The idea of litigating toward gender justice by making institutional actors responsible for various forms of sex and gender discrimination unites the articles in this Symposium.

This Foreword begins by tracking the evolution of tort law from its early vindication of isolated individual claims to its much more recent incarnation as an instrument of social reform for collective interests. The second part addresses legal impediments that prevent redress of certain types of gendered harms — ranging from areas that are virtually unregulated to court decisions that cabin the reach of existing laws to pragmatic difficulties of using tort and employment litigation to provide remedies for individual wrongs, let alone effect larger institutional changes. The third part introduces the articles in this Symposium. These papers were presented at the program of the Section on Women in Legal Education at the 2013 annual meeting of the Association of American Law Schools. The hope of the Section on Women in Legal Education was to bring some of the most prominent and inventive legal minds to begin the theorizing about litigation, legislation, corporate governance, and pedagogy that will work toward gender justice.

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Journal of Gender, Race & Justice