Gender Justice - L6506
Mondays & Wednesdays 1:20 pm-2:40 pm
Room: JG 105
This course will provide an introduction to the concrete legal contexts in which issues of gender and justice have been articulated, disputed and hesitatingly, if not provisionally, resolved. Through these readings we will explore the multiple ways in which the law has contended with sexual difference, gender-based stereotypes, and the meaning of equality in domestic, transnational and international contexts. So too, we will discuss how feminist theorists have thought about sex, gender and sexuality in understanding and critiquing our legal system and its norms.
No laptops are permitted in this class.
Class attendance is mandatory.
Students will be evaluated based upon class participation, a short paper, class presentation, and a final 8 hour take-home examination. Schedule for short papers is here.
Exam details: *ALL 1LS MUST TAKE EXAM ON TUESDAY, MAY 2; (pickup at 10 am, return by 6 pm). For 2Ls, 3Ls, and LLMs the exam will be available beginning Tuesday, May 2. 3Ls and LLMs (graduating students) must have their exams completed by Tuesday, May 9th. For 2Ls (non graduating students) exams must be completed by May 12th.
Professor Franke's Coordinates:
Office: Room 627
Office Hours: Mondays, 3:00 p.m.- 4:20 p.m. (sign-up sheet on my door) or by appointment
Professor Franke's Assistant: Elizabeth Boylan, firstname.lastname@example.org, 212.854.0167
- Course reader available at the Secretariat on the 7th floor of the law school
- Ta-Nehisi Coates, Between The World and Me (2015) - available at Book Culture, 536 W 112th St, New York, NY 10025
- Feminist Legal Theory (Bartlett & Kennedy eds. 1991)
- Critical Race Feminism: A Reader (Wing ed. 1997)
- Martha Chamallas, Introduction to Feminist Legal Theory (2d Ed. 2003)
- Nancy Levit and Robert Verchick, Feminist Legal Theory: A Primer (2006)
January 18th - Introduction to the Course
January 23rd - Framing Gender Justice
January 25th – What Should Today's Gender Equity Agenda Look Like?
January 30th - Guest Speaker: Yadh Ben Achour, Gender Justice Reform in Tunisia
I. The Body As A Gender Justice Project
February 1st - Paradigms of Gender Equality
February 6th - Gendering/Sexing the Body
February 8th - Dress Codes
February 13th - The Pregnant Body
February 15th - Guest Speaker Nancy Rosenbloom, National Advocates for Pregnant Women
February 20th - Criminalizing Pregnancy
II. Gender, Sex, and Sexual Orientation
February 22nd - Is Sexual Orientation Discrimination a Form of Sex Discrimination?
February 27th - Is Transgender Discrimination a Form of Sex Discrimination?
March 1st - Guest Speaker - Chase Strangio, ACLU
March 6th - Sex Work
March 8th - Guest Speaker - Kimberly Forte, Supervising Attorney, LGBT Law and Policy Initiative, The Legal Aid Society
March 13th & 15th - Spring Break - no classes scheduled
March 20th - Decriminalization of Sex Work
- Amnesty International Policy on state obligations to respect, protect, and fulfil the human rights of sex workers
- LGBT Rights Organizations Join Amnesty International in Call to Decriminalize Sex Work, August 20, 2015
- Rachel Moran, Buying Sex Should Not Be Legal, August 29, 2015
- Tryon P. Woods, The Antiblackness of 'modern-day slavery' Abolitionism, Open Democracy, October 10, 2014
- Surviving the Streets of New York: Experiences of LGBTQ Youth, YMSM, and YWSW Engaged in Survival Sex, Urban Institute, February 25, 2015 (focus on Highlights pp. 5-8; Discussion and Summary/Main Findings pp. 67-80)
III. Gendering Public Rights
March 22nd -
March 27th - Sex Trafficking - Guest Speaker Juhu Thukral, Director of Law and Advocacy, Opportunity Agenda
March 29th - Gender and Property
April 3rd - Engendering Migrant and Refugee Rights
IV. Gendering Violence and Trauma
April 5th - Rape and Sexual Assault
- Catharine MacKinnon, Rape: On Coercion and Consent, in Toward a Feminist Theory of the State (1989)
- Emily Bazelon, The St. Paul’s Rape Case Shows Why Sexual-Assault Laws Must Change, New York Times, August 26, 2015
- American Law Institute, Modern Penal Code, Sexual Assault and Related Offenses (2014)
- Ilene Seidman and Susan Vickers, The Second Wave: An Agenda for the Next Thirty Years of Rape Law Reform, 38 SUFFOLK U. L. REV. 467 (2005)
- Jeannie Suk, The Trouble with Teaching Rape Law, December 15, 2014
April 12th - Sexual Violence as a War Crime - The Uncondemned Guest Speaker, Consolee Nishimwe
April 17th - Gender and Human Rights
April 19th - Black Lives Matter - A Movement for Racial and Gender Justice
April 24th - Ta-Nehisi Coates, Between The World and Me (2015)
April 26th - Review of Exam - sample exam