WOMEN AND LAW

Political Science/Women’s Studies 333

 

Professor:         Julie Novkov

E-mail:      jnovkov@albany.edu

 

Downtown Office:                                Milne 306                               Uptown Office:                     TenBroek 101       

Downtown Office Phone:                   442-5279                                 Uptown Office Phone:         442-5635

Downtown Office Hours:                    2-4 PM Mon.                         Uptown Office Hours:         9-10 AM Tues./Thurs.       

 

 

COURSE DESCRIPTION

 

            This course surveys the relationship between women and the law, looking at the way that women have been defined as legal subjects over time.  While much of the material focuses on the United States, the course includes some discussion of women’s status in international law and provides some cross-national comparisons of legal policies.

            The course does not assume significant prior background either in legal studies or women’s studies, although previous coursework in either or both of these areas will be helpful.  The main prerequisite is to enter the course with a keen interest in the subject matter and a willingness to keep up with a varied and substantial reading load.

            The course has two goals. The first is to introduce students to the varied ways that law intersects with women’s lives. The second is to help students to develop critical and analytical skills that they can use to address significant questions about law as a tool for implementing or dismantling power-laden gender relations.

            Throughout the semester, students will develop their own reasoned standpoints on important questions about women and law.  By the end of the course, you should be able to address effectively the following questions, among others:

 

  • How has the law regulated important aspects of women’s lives over time and in different contexts?
  • What role has equality played in framing the law’s conception of female subjects? 
  • Is the law primarily a tool for liberation or repression? 
  • What gender-based issues are ripe for legal reform?  Where can the law make a difference and how should it do so?

 

You will find that scholars disagree about the answers to these questions and related ones. The goal of the course is for you to learn about these disagreements and develop your own independent and critical assessment of the legal system’s engagement with women.

 

REQUIREMENTS

 

        Students will be expected to attend class and participate in class discussions.  Constructive, informed, respectful participation that contributes directly to conversations about the course material will raise borderline grades; lack of participation or consistently disruptive participation may result in lower grades.  You will be expected to keep up with the reading throughout the term.  You will not be able to do well on the assignments without both attending class sessions and doing the reading.

As a course in law and its impact on society, this course will emphasize the development and exercise of critical reasoning.  You will take two quizzes, both of which have minimal point values, to prepare you for the final examination administered at the end of the term.  You will also complete a small research project and write up the results in a 2-4 page report. 

The major writing obligation for the course is to write and revise an argumentative essay on a topic that I will provide.  You will write this essay in two drafts and you will be responsible for critiquing two other students’ papers.  The major writing obligation will constitute the remaining 45% of your grade.  Note: If any honors student wishes to write a substantial research paper for this class rather than doing the argumentative essay, you may substitute a research paper for the essay, critiques, and research project.  See me for details.

The weights of these various obligations break down as follows:

 

Quiz one                         5%

Quiz two                        5%

Small research project  10%

Essay draft                     5%

Essay final                    35%

Critiques                       10%

Final examination          30%

 

Papers are due in class at the beginning of class where indicated in the syllabus.  Because of the need to allow time for us to provide detailed feedback on your writing, these deadlines are very rigid.  If your draft is late for any reason, you will be penalized.

 

POLICIES

 

        Students with disabilities.  If you have a documented disability and anticipate needing accommodations in this course, please make arrangements to meet with me soon.  Please request that the Disabilities Resource Center send a letter verifying your disability.

        Extensions for papers.  To avoid creating inequities for other students in the class and to give me time to provide good feedback, no extensions will be given for rough drafts of papers.  Late papers will be penalized half a grade per day for every day that the paper is late, starting at the beginning of class the day the paper is due.  Extensions for final papers will only be permitted under compelling circumstances and if the extension is requested in advance.  Any student who does not turn in her or his paper on time and has not contacted the professor in advance will lose half a grade per day for every day the paper is late unless the student can provide a University-approved excuse. 

        Regrading of materials.  You may request regrading of materials that I have graded.  If you wish to make such a request, contact the professor for a copy of the regrading policy.  You will be asked to provide a written explanation of why you wish to have the assignment regraded.

        Plagiarism or cheating.  This one’s simple: don’t do it.  Don’t even think about doing it.  Plagiarism is the use of someone else’s words or ideas without giving the original author credit by citing him or her.  If you use someone else’s language directly, you must use quotation marks.  If you rely on another person’s ideas in creating your argument, you must provide a citation.  This is obviously required for research papers, but I will expect careful attention to citation in the argumentative essays as well.  If you have any questions about plagiarism, please contact me before you submit the assignment for grading.  If you plagiarize or cheat in this class, the BEST outcome you can hope to achieve is a failing grade from me, in addition to any mandatory university sanctions.  Ignorance will not provide a defense to the application of this policy.

       


MATERIALS

 

        The course materials include two books, Baer and Goldstein’s The Constitutional and Legal Rights of Women (Third Edition) and Pinello’s America’s Struggle for Same-Sex Marriage.  You will also be responsible for additional materials available on WebCT and through eres. The course’s WebCT page will also have updates on information and assignments.  To log on to WebCT, go to http://webct.albany.edu:8900/ and follow the login instructions. 

 

SYLLABUS

 

Introduction:   Women’s Rights in Contemporary and International Context

 

September 5     What are Rights?  Why do They Matter?

  • Universal Declaration of Human Rights*
  • The proposed Equal Rights Amendment (USA)*

 

September 7     International Standards and Women’s Rights    

·        CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)*

·        Hilary Charlesworth and Christine Chinkin, “The Gender of Jus Cogens”*

 

Liberal Equality and its Critics

 

September 12   Liberal Equality

  • Christine Littleton, “Reconstructing Sexual Equality”*

 

September 14   Criticisms of Liberal Equality

·        Elizabeth Schneider, “The Synergy of Equality and Privacy in Women’s Rights”*

·        MUW v. Hogan (510)

·        US v. Virginia (517)

 

Women, Work, and Regulation

 

September 19   The Struggle over Protecting Women Workers

  • Lochner v. New York (25)
  • Muller v. Oregon (32)
  • Bunting v. Oregon (34)
  • Adkins v. Children’s Hospital (35)

 

September 21   New Rules or Old Prejudices?

  • West Coast Hotel v. Parrish and US v. Darby (44)
  • Goeseart v. Cleary (51)

 

September 26   Sexual Harassment as Sex Discrimination

·        Meritor Savings Bank v. Vinson (150)

·        Oncale v. Sundowner (159)

·        Jones v. Clinton (162)

·        Burlington Industries v. Ellerth and Pennsylvania State Police v. Suders (163)

 

September 28   Working, Pregnancy, and Motherhood

·        Cleveland Board of Education v. LaFleur (183)

·        UAW v. Johnson Controls (197)

·        California Federal Savings and Loan v. Guerra (210)

·        Nevada v. Hibbs (221)

QUIZ ONE ADMINISTERED IN CLASS

 

The Legal Regulation of Marriage and Family

 

October 3        Civil Unions, Civil Death

  • William Blackstone, Commentaries on the Law of England (264)
  • Declaration of Sentiments*
  • Norma Basch, “The Legal Fiction of Marital Unity in Nineteenth Century America”*
  • Ariela R. Dubler, “Wifely Behavior: A Legal History of Acting Married”*

 

October 5        Regulating Marriage and being Regulated by Marriage

  • Pace v. Alabama*
  • Tinker v. Colwell (273)
  • Priscilla Yamin, “The Search for Marital Order: Immigration, Marriage and the Politics of the Progressive Era.”*
  • Perez v. Sharp*

 

October 10     

  • Loving v. Virginia*
  • Guardianship of Kowalski I (241)
  • Guardianship of Kowalski II (242)
  • Pinello, Chapters 1-2

 

October 12

  • Pinello, Chapters 3-4
  • Goodridge v. MA (246)
  • Lockyer v. City and County of San Francisco (261)

 

October 17

  • Pinello, Chapters 6-7
  • Hernandez v. Robles*

 

Reproductive Freedom

 

October 19      Restricting Abortion: Historical Record

·        Leslie Reagan, When Abortion Was a Crime* 

SMALL RESEARCH PROJECTS DUE

 

October 26      Restricting Reproduction: Historical Record

·        Buck v. Bell (background and case) (343)

·        Skinner v. Oklahoma (347)

·        Paul Lombardo, “Medicine, Eugenics, and the Supreme Court”*

 


October 31      Contraception and Abortion Rights: Constitutional Foundations

·        Griswold v. Connecticut (352)

·        Eisenstadt v. Baird (360)

·        Roe v. Wade (369)

 

November 2     Abortion Rights and Abortion Access

  • Planned Parenthood v. Casey (404)
  • Stenberg v. Carhart (431)
  • Hill v. Colorado (448)
  • Scheidler v. NOW (463)

 

November 7     Restricting Reproduction: Contemporary Perspectives

  • Gwendolyn Mink, “Violating Women: Rights Abuses in the Welfare Police State”*
  • In re A.C. (464)
  • Ferguson v. City of Charleston (473)

 

Women and Civic Participation

 

November 9     Shifting Grounds of Citizenship: Jury Service

·        Women Jurors Selected under ‘Neutral’ Laws (95)

·        Hans Zeisel, “Dr. Spock and the Case of the Vanishing Women Jurors” (96)

·        Taylor v. Louisiana (97)

·        JEB v. Alabama (104)

QUIZ TWO ADMINISTERED IN CLASS

 

November 14   Voting: The Battle

  • 14th Amendment*
  • 15th Amendment*
  • Elizabeth Cady Stanton, “This is the Negro’s Hour” (18)
  • Minor v. Happersett (19)

 

November 16   Voting: Suffrage and its Meaning

  • 19th Amendment*
  • Reva Siegal, “She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family”*
  • Film

 

Women and the Criminal Justice System

 

November 21   Battering and Honor Killing

  • The Old Days: Three Cases (566-570)
  • Linda G. Mills, “Killing Her Softly: Intimate Abuse and the Violence of State Intervention”*
  • Navarro v. Block I (573)
  • Navarro v. Block II (575)
  • Castle Rock v. Gonzalez (578)
  • Rachel Ruane, “Murder in the Name of Honor: Violence Against Women in Jordan and Pakistan”*

ESSAY DRAFTS DUE

 

November 28   Rape

  • State v. Rusk (597)
  • In the Interest of M.T.S. (601)
  • Jill Elaine Hasday, “Contest and Consent: A Legal History of Marital Rape”*
  • Lisa Eskow, “The Ultimate Weapon?  Demythologizing Spousal Rape” (607)
  • Kelly Connerton, “The Resurgence of the Marital Rape Exemption” (609)

 

November 30   Rape and War

  • Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1995)*
  • Claudia Card,  “Rape as a Weapon of War”*

 

December 5     Historical Concerns about Prostitution and Sex Work

  • Emma Goldman, “The Traffic in Women”*
  • Hoke v. United States*
  • Viviana Zelizer, “The Purchase of Intimacy”*

CRITIQUES DUE

 

December 7     Contemporary Debates over Prostitution and Sex Work

  • Unequal Enforcement (631)
  • In the Matter of Dora P (631)
  • Feminists Divide: Modern Remnant of Slavery versus Just Another Job (632)
  • Sexual Slavery: US v. Footman (633)

 

December 12   International Norms

  • Elizabeth Bruch, “Models Wanted: The Search for an Effective Response to Human Trafficking”*
  • Kate Sutherland, “Work, Sex, and Sex-Work: Competing Feminist Discourses on the International Sex Trade”*

FINAL DRAFTS OF ESSAYS DUE

 

FINAL EXAMINATION: MONDAY DECEMBER 18, 3:30-5:30 PM