Sex Equality, third edition, comprehensively updates and analyzes the legal doctrine and social concept of sex equality in theoretical, comparative, international, historical, and social scientific context.

Together with the relative situation of women and men, detailed attention is given throughout to racism, the treatment of Native peoples, economic class, sexual orientation, and transgender status. Centered on U.S. legal cases, the book maps and interrogates the traditional approach to sex discrimination based on sameness and difference and develops a theory of substantive equality based on hierarchy as well. Materials on race, work, education, athletics, and pregnancy are included. An updated chapter on burdens of proof equips the litigator with basic technical tools in critical perspective.

Expanding sex equality concepts, including arguments gaining increasing recognition, the law of the family, rape, sexual harassment in work and education, gay and lesbian rights, reproductive issues including abortion and surrogacy, prostitution, and pornography are thoroughly explored in light of contemporary cultural, legal, and transnational developments and controversies. This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities.

This stimulating, flexible, up-to-the-minute treatment of a rapidly expanding and changing area—one of the most frequently litigated—provides an accessible basis for courses in law schools and undergraduate colleges by a widely recognized leading expert in the field.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 01/07/2016

Catharine A. MacKinnon, University of Michigan Law School

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

Sex Equality, third edition, is fully up to date legally, empirically, conceptually, and in scholarly terms, offering cutting edge texts and analysis from multiple perspectives that engage current and emerging debates on sex inequality in life and sex equality in law.

The volume extracts and dissects the latest U.S. Supreme Court cases on gay rights, sex discrimination, abortion, racial discrimination, and burden of proof decided since the second edition, and provides statutory updates throughout. Comparative constitutional jurisprudence from influential apex courts in Canada and South Africa, along with regional human rights law in Europe, Latin America, and international criminal law, are selectively included to the present. Intersectional controversies such as head-covering are considered through recent cases.

Debates on rape, newly informed by sociobiology and social psychology, and emerging controversies in the law of sexual assault are covered. The chapter on sexual harassment in education (Title IX) is revised to encompass current guidances, statutes, and administrative rulings as well as illustrative school policies, focusing on developing issues in this dynamic area. Changes in the law of surrogacy are canvassed by state. Polemics and policies on sex trafficking are updated with key developments in statutory and case law, including the fast-moving Nordic model and “revenge pornography.”

The book contains empirical data gathered over the last decade documenting the social context in which the law of sex equality operates, including the economic status of the sexes, taking race into account, as well as gendered realities in education and athletics. New social science on sexual abuse, including rape of men and sexual harassment at work and in school, are reported and interrogated.

Recent cases and dialogues on transgender status (gender identity) from diverse jurisdictions are further integrated across topic areas. Information on the status of Native women, and legal developments affecting their rights, are expanded.

Evocative literary texts, visual illustrations, and commentary from popular culture are fresh in this edition. Key historical scholarship published since the second edition is systematically referenced throughout.

Learn more about this series.