WS 370 Women and the Law Linda Casey Mackey Fall 1993 Attorney at Law Office: Adams #3174 Phone: 594-1011 Office Hour: 3-4:00 p.m. Tues./Wed. San Diego State University WOMEN AND THE LAW RESOLVED, that the women in this country ought to be enlightened in regard to the laws under which they live, that they may no longer publish their degradation by declaring themselves satisfied with their present position, nor their ignorance, by assert- ing that they have all the rights they want. (Declaration of Sentiments and Resolution, Seneca Falls Convention-1848) ". . . laws are felt only when the individual comes into conflict with them." (Susan LaFollette -1926) "No one can ever be sure how courts will interpret any new law or amendment." (Susan Ross 1942 - ) "We think, therefore, both in view of this history and of our decided cases dealing with substantive liberty under the due process clause, that the court was mistaken in Roe when it classified a woman's decision to terminate her pregnancy as a 'fundamental right' that could be abridged only in a manner which withstood 'strict scrutiny.' Roe continues to exist, but only in the way a storefront on a Western movie set exists: a mere facade to give the illusion of reality . . ." Dissenting Opinion of U.S. Supreme Court Planned Parenthood v. Casey (1992) ______S.Ct.______ THE COURSE The purpose of this class is to gain a better understanding of the legal system and its impact on the lives of women individual- ly and collectively. The changing legal status of women will be traced by analyzing state and federal court decisions. Our socie- ty is governed by law. If women are to realize social, political and economic equality, equality under the law must be achieved. Particular topics to be covered include: Constitutional Issues, Education, Employment, Family Law, Criminal Law, Reproductive Freedom and Violence against Women. In order to achieve these goals the students will be required to: (a) Master a basic legal vocabulary. (b) Master a basic knowledge of how the judicial system creates and enforces laws. (c) Understand the interaction between the state and federal judicial system. (d) Understand the need for women to participate at every level of the legal system. (e) Understand the balance of power between the legislative, executive and judicial branch of the government. (f) Understand how the legal system impacts the balance of power between the public and private lives of women. REQUIRED TEXTBOOKS 1. J. Lindgren and N. Taub, The Law of Sex Discrimina- tion(LSD). West Publishing Co. 2. C. Fedders and L. Elliott, Shattered Dreams. Dell Publishing Co. 3. Daily newspapers. 4. Handouts COURSE REQUIREMENTS There will be three written assignments, an oral group presentation, a mid-term and a comprehensive final. In addition you will be required to keep a record of additional readings, television programs, news articles, lectures or other events attended which relate to legal issues of importance to women. Unless you have a medical excuse, make-up exams will be given only if arrangements are made before the exam date. The written assignments will be evaluated based on grammar and content. You will be graded on class participation therefore failure to attend class and to participate in discussions will have an adverse impact on your course grade. To insure that students keep up on current legal events there will be short pop quizzes through out the semester. Students will be allowed to drop their lowest score. The pop quiz score will be averaged into your class participation score. Full credit will not be given for assignments which are late unless you have a medical excuse. Your course grade will be calculated using the following formula: 45% Final 20% Mid-term 20% Written Assignments & Oral Presentation 15% Class Participation & Record of Supplemental Materials READING ASSIGNMENTS AND CLASS SCHEDULE *****To be prepared for class, you should do the reading assigned the proceeding week. Example: LSD 1- 38, 435-455, 485-486 should be read prior to class on September 7, 1993. Aug. 31 Overview and Course Requirements Reading: LSD pages 1-38, 435-455, 485-486. Review Glossary 487-492; Assignment No. 1. Sept. 7 Sexuality and Sexual Violence: The Sexual Double Standard Film: The Emerging Woman. Reading: LSD pages 39-87. Group assignments: date and topic Sept. 14 Equal Protection Under the Law: the 14th and 5th Amendment Reading: LSD pages 109-160 Assignment No. 1 DUE. Sept. 21 Equal Employment Opportunity Reading: LSD pages 169-205 Film: This Honorable Court Sept. 28 Working Conditions and Compensation Group A Presentation Reading: LSD pages 217-252. Assignment No. 2 Oct.5 Title VII and the Civil Rights Act of 1991 Review for Mid-term. Oct. 12 Mid-Term Examination Reading: LSD pages 288-334. Oct. 19 Marriage and the Family Reading: Shattered Dreams Assignment No. 2 DUE Film: Who Remembers Mama Oct. 26 Women: Single Heads of Household Reading: Shattered Dreams Group B Presentation Nov. 2 Domestic Violence Reading LSD pages 335-373; Assignment No. 3 Nov. 9 Women and Crime Reading: LSD pages 375-394; Film: TBA or Guest Speakers Nov. 16 Reproductive Freedom Reading: LSD pages 394-432. Assignment No. 3 DUE Group C Presentation Nov. 23 Recent Developments in Reproduction Rights & the Law. Nov. 30 The Reasonable Woman Awards & Standard Group D Presentation Dec. 7 Review for Final. Dec. 14 FINAL