Gender Justice - WMST GU4506
Professor Katherine Franke
Spring 2019 - Columbia University
Mondays, 2:10 pm - 4:00 pm
William & June Warren Hall, Room 103
Professor Franke's Coordinates:
Office: Jerome Greene Hall, Room 626
E-mail: [email protected]
Office Hours: Tuesdays, 3:00 pm - 4:20 pm (sign-up via Calendly, at https://calendly.com/eboyla/kfrankeofficehours/) or by appointment
Faculty Assistant/Administrator: Liz (Elizabeth) Boylan
Email: [email protected]
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 paper.
Monday, January 28th: Introduction
Monday, February 4th: 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, Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality, in Pleasure and Danger 267 (Carole S. Vance ed., 1984).
I. The Body As A Gender Justice Project
Monday, February 11th: Paradigms of Gender Equality
- Nancy Levit and Robert R.M. Verchick, Feminist Legal Theories, in Feminist Legal Theory, 11 (New York University Press, 2016).
Monday, February 18th: Gendering/Sexing the Body
- In Re Estate of Gardiner
- International Association of Athletics Federations, Eligibility Regulations For The Female Classification (Athletes With Differences Of Sex Development), November 1, 2018
- IAAF Rules To Limit Testosterone Levels For Female Runners, CBC, April 26, 2018
- Caster Semenya Files Legal Challenge Against 'Discriminatory' IAAF Rule, CBC, June 18, 2018
- Katrina Karkazis and Rebecca Jordan-Young, The Powers of Testosterone: Obscuring Race and Regional Bias in the Regulation of Women Athletes, Feminist Formations, Volume 30, Issue 2, Summer 2018, pp. 1-39
Monday, February 25th: Dress Codes
- Jesperson v. Harrah’s Operating Co., 392 F.3d 1096 (9th Cir. 2004) (edited)
- National Women’s Law Center, Dress Coded: Black Girls, Bodies, and Bias in D.C. Schools (2018)
- Letter of Complaint Against Mystic Valley Regional Charter School, May 2017
- Pavlakis, A. & Roegman, R., How Dress Codes Criminalize Males And Sexualize Females Of Color, Phi Delta Kappan, 100 (2), 54-58 (2018).
Monday, March 4th: The Pregnant Body
March 11th: Criminalizing Pregnancy
II. Gender, Sex, and Sexual Orientation
March 25th: Is Sexual Orientation Discrimination a Form of Sex Discrimination?
April 1st: Is Transgender Discrimination a Form of Sex Discrimination?
April 8th: Sex Work
April 15th: 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.
April 22nd: Marriage
- Obergefell v. Hodges
- Opinion of Justice Anthony Kennedy
- Opinion of Justice Katherine Franke
- Opinion of Justice Sherif Girgis and Robert George
III. Gendering Violence and Trauma
April 29th: 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
May 6th: Black Lives Matter - A Movement for Racial and Gender Justice
- Marcia Chatelain and Kaavya Asoka, Women and Black Lives Matter: An Interview with Marcia Chatelain, Dissent Magazine, Summer 2015
- Vania Leveille, Black Women and Black Lives Matter: Fighting Police Misconduct in Domestic Violence and Sexual Assault Cases
- Dorothy Roberts, Reproductive Justice, Not Just Rights, Dissent Magazine, Fall 2015
- Leslie Watson Malachi, Police Violence Is a Reproductive Justice Issue, Cosmopolitan, July 18, 2016