Gender Justice - L6506
Mondays & Wednesdays 1:20 pm-2:40 pm
Room: JG 107
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 that can be taken anytime during the exam period. Schedule for short papers is here.
Professor Franke's Coordinates:
Office: Room 626
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 (Liz) 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)
September 6th - Introduction to the Course
September 11th - Framing Gender Justice
September 13th – Early Framing
- Jo Freeman, The Revolution For Women In Law And Public Policy, in Women: A Feminist Perspective Jo Freeman ed. 1995) pp. 365-404
- Kathleen Neal Cleaver, Racism, Civil Rights, and Feminism, in Critical Race Feminism: A Reader (Wing ed. 1997)
- Gayle Rubin, Gayle Rubin, Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality, in Pleasure and Danger 267 (Carole S. Vance ed., 1984)
September 18th - What Should Today's Gender Equity Agenda Look Like?
I. The Body As A Gender Justice Project
September 20th - Paradigms of Gender Equality
September 25th - Gendering/Sexing the Body
September 27th - Dress Codes
October 2nd - The Pregnant Body
October 4th - Nancy Rosenbloom, Director of Legal Advocacy, National Advocates for Pregnant Women
October 9th - Criminalizing Pregnancy
II. Gender, Sex, and Sexual Orientation
October 11th - Is Sexual Orientation Discrimination a Form of Sex Discrimination?
October 16th - Is Transgender Discrimination a Form of Sex Discrimination?
October 18th - Sex Work
October 23rd - Sex Work Continued
October 25th - 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
- Frankie Mullin, The difference between decriminalisation and legalisation of sex work, Newstatesman 19 October 2015.
October 30th - Marriage
- Katherine Franke, Wedlocked: The Perils of Marriage Equality (2015) Chapter 3
November 1st - Non-reproductive Sexuality
III. Gendering Public Rights
November 6th -Gender and Property
November 8th - Engendering Migrant and Refugee Rights
November 13th - Guest Speaker - Natasha Lycia Ora Bannan, Puerto Rican Legal Defense and Education Fund
IV. Gendering Violence and Trauma
November 15th - 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
November 20th - Gender and Human Rights
November 22nd - No Class - Thanksgiving Break
November 27th - Sara Darehshori, Human Rights Watch
November 29th - Black Lives Matter - A Movement for Racial and Gender Justice
December 4th - Ta-Nehisi Coates, Between The World and Me (2015)
December 6th - Review of Exam - sample exam