WOMEN AND THE LAW Socl 215 Dr. Pat Murphy T/Th 10:15-11:45 OFFICE: Sturges 102 Sturges 223 PHONE: 5324 Spring 1993 OFFICE HOURS: T/TH 100-2:00 & By apt. _______________________________________________________ We who like the children of Israel have been wandering in the wilderness of prejudice and ridicule for forty years feel a peculiar tenderness for the young women on whose shoulders we are about to leave our burdens....The Younger women are starting with great advantages over us. They have the results of our experience; they have superior opportunities for education; they will find a more enlightened public sentiment for discussion; they will have more courage to take the rights which belong to them....Thus far women have been the mere echoes of men. Our laws and constitutions, our creeds and codes, and the customs of social life are all of masculine origin. The true woman is as yet a dream of the future. Elizabeth Cady Stanton, at the age of seventy-two, speaking to the International Council of Women, 1888 Required Reading: Women's Rights in the U.S.A.: Policy Debates & Gender Roles. Dorothy McBride Stetson. Brooks Cole. 1991 (referred to as Stetson) American Feminism: New Issues for a Mature Movement. Vol 515 of the Annals of the American Academy of Political and Social Sciences. Janet Boles Ed. 1991. (Referred to by Author of Article) In Pursuit of Equality: Women, Public Policy and the Federal Courts. Susan Mezey. 1992 St. Martins. (referred to as Mezey) Packet of Readings available at Campus Book Store. (indicated by R, Author/Topic) Center for the American Women and Politics articles Recommended: Justice and Gender. Deborah L. Rhode. Harvard U. Press. 1991 Available at Milne The Constitutional Rights of Women, Goldstein Law Gender and Injustice, Hoff-Wilson Feminist Legal Theory: Readings in Law and Gender, Bartlett & Kennedy Gender and Socio-Legal Studies, Vol 25 #2, Law and Society Review Course Content, Structure and Purpose: This course examines legal issues that are of particular importance to women. It will include discussion of the law regarding marriage and divorce, reproduction and contraception, employment, education, sexual conduct, prostitution, pornography, rape, family violence, and the political participation of women. The usefulness of legal change for promoting social change regarding gender roles will be discussed. The purpose of this course is to introduce students to legal issues and gender issues as well as the connection between them. Students with little background in the law will have the opportunity to learn about the American Legal system through discussion of a set of problems and social issues important to women. Students with little background in sociology will learn about the interconnectedness between social institutions and cultural phenomenon. The 1992 election provided us with a unique opportunity to look at the changing role of women in the policy making process and the impact of the "gender gap". 1992 was called the year of the woman. and President Clinton was elected on the basis of a platform endorsing reproductive rights, expanded work roles for women, and family and medical leave among other things. We will follow the development of federal law and policy as the semester progresses. Requirements: 3 exams: 20% each 60% class participation 10% Portfolio/Journal 15% Class Project 15% The projects and portfolio will be described in detail in class handouts. You might want to start thinking now about what interests you from the readings as a possible project topic. As part of your class participation grade, each of you (along with others) will be responsible for generating questions for class discussion on the readings. Lecture Topics and Reading Assignments DATE TOPICS/Readings January 26 Course Introduction: Overview of law/policy making ---- January 28 The Policy Making Process Stetson Ch. 1 Historical Frameworks (R) Mckinnon; Mezey Ch 1 February 2 Historical Frameworks Cont. (R) Abigail Adams; Elizabeth Cady Stanton; Susan B. Anthony Articles Avenues for Legal Change: The Vote; Stetson Ch. 2; February 4 The ERA; Statutory Law; Social Movements (R) The ERA: A Constitutional Basis Contemporary Women's Movements (R) McKinnon, Law is not enough The ERA campaign Alliotta; Kahn & Goldenburg February 9 Continue Contemporary Women's Movements; Elshtain; Marshall; Boles; Shapiro Equality, Equity or Difference?; Prestage February 11 Women as Law Makers and Legal Professionals Stetson Ch 3; Mueller; Clark; February 16 Women as Law Makers Cont.: The impact of women in public office. Kelly etal; CAWP article February 18 EXAM 1 February 23 Reproductive Law: Right to Privacy: Griswald, Roe and Casey. Stetson ch 4; Mezey Ch 10 Abortion: History, developing a right. Roe v. Wade; Casey V. Penn February 25 Abortion, the right to Choose Narrows. Mezey Ch 11 Parental Consent March 2 Reproductive Law cont. Pregnancy: Birth control; criminalization Moss; Stetson Ch 8 Forced Sterilization/Caesareans; March 4 Family Law: Marriage/Divorce; Custody/Surrogate parenting. Stetson Ch 6; child care; Sexual Preference Gay rights;Kowalski/Thompson (R) March 9 Welfare; The Feminization of Poverty Stetson Ch 10; R) NOW LDEF paper, Columns March 11 Employment: Proving Discrimination Mezey Ch 3; Stetson Ch 8 Remedies. Mezey Ch 4; Stopher March 16 EXAM 2 March 18 Employment: From Equal pay to comparable worth. Mezey Ch. 5 MARCH 21-25 SPRING BREAK March 30 Pregnancy and employment. Mezey Ch. 6 April 1 Equality and the Professions. Mezey Ch 9: (R) Some women.. Women & The Military. (R) Star-Ledger April 6 Education/Sports. Stetson Ch 5; Mezey C 7 April 8 Violence Against Women (R) Rhode April 13 Sexuality: Prostitution, Harassment Stetson Ch 9; Pornography (R) New Yorker: Hill/Thomas April 15 Rape. Stetson Ch 9 (R) Brownmiller; Hervert; Blakely April 20 Rape Continued April 22 Social Control of Women: Women and the Criminal Justice System April 27 Race, Gender and The Law: A Black Feminist Critique of Antidiscrimination Law & Politics (R) Crenshaw;Williams April 29 Feminist Jurisprudence; Future (R) NOW legislative Priorities Miles to go Before We Sleep: Future